Sexual Predators, Extended Supervision, and Preventive Social Control: Risk Management Under the Spotlight

Abstract

The purpose of this article is to assess the legitimacy of the preventive detention model represented by New Zealand's Parole (Extended Supervision) Amendment Act 2004 in light of the legislative response to sex offenders in other jurisdictions, notably the United States and England. It is argued that the growing legislative practice of imposing administrative detention post-sentence represents a dangerous trend in criminal justice and disguises a largely undeclared agenda to isolate and demonise sex offenders as a class. It also has implications for other offender groups who may be targeted because the particular class is perceived as presenting a particular type of risk. Since the empowering legislation is often passed in haste and without due consideration of its long term impacts, it bears the hallmarks of a pre-reflective, “at least we’re doing something,” response to the problem of sex offending. It also provides a context for pretextual and sanist judicial values to operate, permitting distorted and illinformed judicial decision-making, particularly where judges’ thinking is infected by populist punitive approaches. Invariably, such legislation and the policy surrounding it, fails completely to address fundamental causal patterns underlying sex offending phenomena.

It is suggested that in order to address these phenomena squarely, it will be necessary to abandon the current tendency towards isolating sex offenders and refocus our energy on traditional responses of retribution, reform and rehabilitation within conventional principles of criminal process.