Maori and Criminal Offending: A Critical Appraisal

Abstract

Since the advent of the Maori renaissance in New Zealand and the shift toward the sociopolitical ideology of biculturalism, the disproportionate representation of Maori in prisons has increased. Criminal justice sector policy asserts that this overrepresentation is best understood as the outcome of Maori experiencing impairments to cultural identity resulting from colonisation. Central to this claim is the notion that ethnicity is a reliable construct by which distinctions can be made between offenders regarding what factors precipitate their offending, as well as best practices for their rehabilitation. Despite the absence of empirical support, this claim has been transformed from a conjectural claim to a veridical fact resulting in what is termed here ‘the wishing well approach’. An alternative perspective is recommended to improve current efforts to address the issue of Maori being overrepresented in New Zealand's criminal justice sector.

Narratives of Four Māori Ex-Inmates About Their Experiences and Perspectives of Rehabilitation Programmes

“…Roberts argues that rehabilitation without consideration of an offender's cultural background is senseless. Marie (2010) contended that New Zealand's Department of Corrections' theory of criminal offending by Māori assumes that their overrepresentation in rates of offending, incarceration, and recidivism is a result of Māori "experiencing impairments to cultural identity" as a consequence of colonization (p. 283). This assumption, claims Marie, has led to rehabilitation efforts based on a restoration of cultural identity though there is no evidence to support this theory and such efforts have not shown any noticeable reduction in Māori rates of offending.…”

“…Although Māori make up 14.5% of the total population, they comprise 59% of all female inmates and 51% of all male inmates. It is predicted that the number of Māori in prison will increase given their status as a young population and the fact that criminal offending begins from 12 to 16 years of age (Marie, 2010). A New Zealand Department of Corrections study (2007) found that Māori also have the highest rates of reoffending compared with the total population.…”

“…The study showed that in 2009, 80% of Māori offenders reoffended over a 48-month period, and Māori who offended often went through a cycle of offending, conviction, imprisonment, and release before a return to reoffending within a short period of time. Marie (2010) has argued that the term Māori offending needed to be revised given that in June 2008 less than 5% of Māori were in custody.…”

The Youth Guarantee Education Initiative and Its Impact on Criminality: Māori Youth Perceptions

“…Some scholars (e.g. Marie, 2010) argue that there are differential patterns of offending by Māori (the differential involvement thesis). Others contend that practices of direct and indirect discrimination within the CJS are to blame (the discrimination thesis) (Jackson, 1987(Jackson, , 1988Tauri, 2005; see also Workman, 2011).…”

Childhood socio-economic status and ethnic disparities in psychosocial outcomes in New Zealand

“…Māori, who are recognised as the indigenous ethnic minority of New Zealand and who constitute around 15% of the nation's population, continue to have poorer outcomes in comparison to their New Zealand counterparts (Bramley et al, 2005). Across numerous indicators, including health (Mason et al, 2012), education (Strategy and System Performance and Ministry of Education, 2008), economic status (Chapple, 2000;Statistics New Zealand, 2007), and criminal justice (Ministry of Justice, 2009;Marie, 2010), Māori are more likely to be disproportionately over-represented in the negative indices when compared to other New Zealanders. Relative to morbidity and mortality data, ethnic surveillance studies indicate that from prenatal development, through infancy and adolescence, and onwards to adulthood and old age, a pattern of diminished health status for Māori not only exists, but persists across the lifespan (Ministry of Health and Statistics New Zealand, 2009;Mason et al, 2012).…”