Abstract:
This thesis study is a content analysis of 150 sentencing transcripts in New Zealand adult criminal court. A content analysis was performed using interpretive social sciences to establish; what features and characteristics judges consider in sentencing, and how restorative justice (RJ) fits into the frameworks of justice used by judges. The findings establish that of the offenders characteristics, the interaction between age and gender was the most significant factor in shaping the narrative presented by judges. The victims’ role was minimal in sentencing; limited to their perceived vulnerability and relationship to the offender. Mentions of restorative justice in the Sentencing Act 2002 attempt to necessitate the consideration of restorative justice, however in practice restorative justice is rarely undertaken. Furthermore, completion of RJ and the offenders ‘willingness’ to participate in RJ are attributed the same weight in sentencing, indicating the legislation and/or the judges perceived value in RJ is in the necessary participatory factors; admittance of guilt and show of remorse, rather than in the RJ program itself. Overall this study finds that the legislative attempt to include the restorative justice, supported by republican theory, into a utilitarian framework largely fails.
