Criminalising parental failures: Documenting bias in the criminal justice system

Abstract

In this article some evidence is presented to suggest that Māori women are overrepresented in the group of parents who are prosecuted for the criminal breach of a parental duty. It is suggested that this over-representation may reflect, at least in part, bias in the application of the law. Examples are provided from the case law to illustrate how norms and assumptions around “race” or ethnicity, class and gender may operate in practice to disadvantage such women.