NZ Herald
  • Home
  • Latest news
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather forecasts

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
    • The Great NZ Road Trip
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
    • Cooking the Books
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • What the Actual
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / New Zealand

No evidence Three Strikes rule works, law prof claims

John Weekes
By John Weekes
Online Business Editor·NZME.·
1 Oct, 2015 10:33 PM3 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

No empirical data exists that the worst criminals are punished by the Three Strikes law, professor claims. Photo / File

No empirical data exists that the worst criminals are punished by the Three Strikes law, professor claims. Photo / File

There's no evidence the much-vaunted Three Strikes Law has made a dent on crime, a law professor says.

More than five years after the law's introduction, Professor Warren Brookbanks said conflicts over interpretation were potentially undermining the new law, and there was anecdotal evidence some judges were forgetting to issue strike warnings.

"Our concern was that it was likely to punish many relatively minor offenders more harshly than they deserved," the Auckland University law Professor said during the inaugural Greg King Memorial Lecture. "I still have this concern."

Mr Brookbanks delivered the lecture at Victoria University of Wellington this week.

He said the law was created to identify and punish "worst-of-the-worst" offenders but no empirical data so far vindicated hopes the law would deter offending.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

Mr Brookbanks said he worried the law was an example of "penal populism" in which politicians served their own ends "by tapping into the public's punitive sentiments".

National worked with the Act party to pass the Sentencing and Parole Reform Act 2010.

Earlier this year, former Act MP David Garrett said the Three Strikes Law was working well, and as intended.

Advertisement
Advertise with NZME.

Mr Brookbanks said models abroad inspired the local law, but it was still less harsh than foreign examples such as that in California.

He said 40 offences qualified for the "strikes" including all major violent and sexual offences attracting a maximum penalty of at least 7 years' imprisonment.

He said data released in 2013 showed just three offences - sexual assault, robbery or aggravated robbery, and serious assault - accounted for 89.8 per cent of all first-strike warnings imposed.

Mr Brookbanks said these three crimes accounted for 95 per cent of all second strike warnings during the same period.

Discover more

New Zealand

Police work to identify Waiheke body

02 Oct 12:10 AM
Opinion

John Roughan: Men are not predisposed to family violence

02 Oct 04:00 PM
New Zealand

Ewen Macdonald's hard road ahead

03 Nov 04:00 PM

Manslaughter, murder and attempted murder accounted for only 2.9 per cent of first strike warnings over that time.

The professor said by April this year, 5382 first strike warnings had been issued and only 76 final warnings, but this didn't mean the law was deterring would-be recidivists.

"Deterrence, if it is effective at all, should operate across the full criminal justice spectrum, not simply once a first strike conviction has been entered."

He said a narrow band of serious offences were producing the vast majority of strike warnings.

"In fact, there could be an argument for reducing the list of qualifying offences, rather than increasing it, as some have advocated, while developing policy for dealing more effectively with the most prolific strike offences."

These comments were in contrast to those of Tauranga's Sensible Sentencing Trust, which this year called for an expansion of the law to cover domestic violence offences.

Advertisement
Advertise with NZME.

The Greg King Memorial Lecture was held in honour of the eponymous lawyer who defended clients including Ewen Macdonald and died in November 2012.

Save

    Share this article

Latest from New Zealand

Crime

Mongrel Mob mum jailed after going into hiding during daughter's murder trial

11 May 07:00 AM
Crime

Wilhelmina Shrimpton shares update after car sideswiped in Kingsland

New ZealandUpdated

Ferry member confirmed as new Auckland measles case

11 May 06:49 AM

One tiny baby’s fight to survive

sponsored
Advertisement
Advertise with NZME.

Latest from New Zealand

Mongrel Mob mum jailed after going into hiding during daughter's murder trial

Mongrel Mob mum jailed after going into hiding during daughter's murder trial

11 May 07:00 AM

Kelly-Anne Burns never returned after being granted short-term bail to attend a funeral.

Wilhelmina Shrimpton shares update after car sideswiped in Kingsland

Wilhelmina Shrimpton shares update after car sideswiped in Kingsland

 Ferry member confirmed as new Auckland measles case

Ferry member confirmed as new Auckland measles case

11 May 06:49 AM
64 Auckland beaches flagged as unsafe for swimming

64 Auckland beaches flagged as unsafe for swimming

11 May 05:52 AM
Connected workers are safer workers 
sponsored

Connected workers are safer workers 

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • What the Actual
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven CarGuide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP