Editorial: Three strikes compromise

OPINION: Politics is all about the art of compromise, where those with differing views are able to get together and thrash out a policy that does its best to meet everyones' needs.

The Government and ACT Party's new Three Strikes and Max policy has compromise written all over it. To the get tough on crime crowd it is too soft, and to civil libertarians it is far too tough.

Compromise or not, it is a landmark piece of legislation which will make it clear to criminals that they cannot keep on offending. It is the big stick and it will be interesting to see whether it works.The legislation is aimed at the baddest of the bad, not petty criminals. The rules will apply to 36 offences, including violent assaults to rape and murder. Under the proposed rules an offender would get a standard sentence and warning for their first serious offence. The second offence would usually lead to a jail term with no parole and another warning. On conviction for a third serious offence, the offender would get the maximum penalty in prison for that offence with no parole. Those convicted of murder or manslaughter have no prospect of early release.

The hardliners at ACT had wanted the third strike to result in a life sentence with a minimum of 25 years behind bars, but compromised on this to get a deal.

The key element of the reforms is the removal of parole, which is always a contentious issue. There is nothing more likely to get up the general public's nose – and attract the wrong publicity – than seeing the worst of our criminals returned to the streets to reoffend. For the penal reform lobby the abolition of parole for these criminals is the worst possible outcome. The lobby would argue it negates the idea of mercy in the justice system, and completely removes any hope of reform and gives criminals nothing to lose. If prisoners know they have no chance of release, any incentive to reform their lives is lost and they become an indefinite burden on the prison system.

The new legislation includes a get out clause that may just keep that hope alive. Under the rules a judge can decide not to order the maximum sentence be served without parole if it would be "manifestly unjust" to do so. This leaves an element of discretion in the hands of the judiciary, which would seem to be a sensible compromise.

The regime is harsh, but only for the worst offenders. There is no possibility – as is the case in poorly-designed three strikes laws overseas – of offenders being banged up for life for petty crimes such as shoplifting. The reforms will take at least eight years to kick on because everyone is starting with a clean slate. This approach neatly negates the argument that it will result in an explosion in the prison population.

United States President Barack Obama once described good compromise legislation as being like a good piece of music – something everybody can recognise and say: "It works. It makes sense."

The legislation may strike a bum note with criminals, but is likely to be a popular hit with the public.

- © Fairfax NZ News