Last week I went to a seminar organised by the Hutt Valley Community Law Centre on crime. They asked two questions at the beginning of their presentation: are we too soft on criminals and are our preceptions of crime and criminal offenders realistic? Here are some of the facts they presented that I think would change the way some people think about crime and criminals if they studied them for a minute:

• In 2006, 93% of sentences imposed were of 3 years or less in length. 70% were of 12 months or less. Almost half (49%) were of 6 months or less.
• A study of female prisoners in six Australian jurisdictions found that 87% were victims of sexual, physical or emotional abuse, and that this abuse would often translate into drug dependencies and/or mental health issues.
• Based on the 2003 Census, almost 91% of female and 95% of male prisoners had not completed secondary school. The same census shows that only 1.9% of female and 1.4% of male prisoners were educated to a tertiary level.
• Australian research has indicated that approximately 30 to 45% of prisoners suffer from some form of mental illness, and up to 12% suffer from an intellectual disability.
• A study of released prisoners in 2002/2003 showed that within 48 months of release, 49% had reoffended and been reimprisoned at least once.
• Short-term prisoners (those serving sentences of 6 months or less) have the highest recidivism rate. Despite this, many prisoners serving short sentences miss out on prison rehabilitation programs and services and are not often subject to any formal post-release supervision.
• The most common factors in criminal offending include poverty, lack of education, unemployment, substance abuse, poor parenting, delinquent peers.
• There are other factors that, despite the presence of the above in someone’s life, can reduce the risk of them becoming an offender. These include: a loving and supportive family, a strong sense of self worth, a positive disposition, community involvement and inclusion, good relationships with peers and mentors.

As a Member of Parliament I come into contact with a lot of people who I would describe as being on the bottom rung of the ladder within our society. Many have been the victims of crime. Many have committed crime. The more I speak with them, the more I question the wisdom of our current approaches to crime and punishment.

Consider those last two bullet points above. Does sending someone to prison for a short-sentence, severing their ties with the society around them, make them more or less likely to commit further offences when they’re released?

I know that the public appetite for harsher punishment is considerable, but think about this final point:

• International research has shown that although members of the public generally feel that judges are too lenient in sentencing, when presented with the same facts available to the judge, our sentence recommendations are often less punitive than the sentence imposed and we place greater emphasis on rehabilitation and diversion programs.

When we debate law and order issues in Parliament, too often we’re playing to public perceptions that aren’t accurate. Mandatory minimum sentences, three strikes legislation, and other such measures remove judicial discretion – they remove the ability to consider the facts of an individual case.

Surely it’s high time we set the rhetoric to one side and had a genuine discussion about how we can address the causes of offending rather than deal with the consequences of it after the event? I’m really pleased the Hutt Valley Community Law Centre are taking such a positive, pro-active stance on this. All power to them.