"Blameless Babes"

Abstract

This is the text of the 2009 Shirley Smith Address delivered by Sian Elias on Thursday 9 July 2009, organised by the Wellington Women in Law Committee. The Chief Justice comments on the status of criminal law in New Zealand, arguing that wider social engagement and buy-in is needed to find answers to the issues in our criminal justice system. The author notes the social element of criminal law as well as the growing emphasis of law and order in the sphere of politics and society. The Chief Justice raises concerns about New Zealand's apparent failure to rehabilitate prisoners as well as the country's prison population. The article suggests several solutions: community education (that imprisonment alone does not reduce crime), promoting intervention (so as to avert risk before crimes occur) and probation, addressing mental health and substance abuse (both within the prison population and within the community), and generally reducing the prison population (so as to avoid significant safety and human rights issues). The author concludes by emphasising the societal nature of criminal law and links back to Shirley Smith's own words.