Indigenous Australia 's Criminal Justice System

The Australian Criminal Justice system has an intricate and diverse structure that makes it one of the most unique systems in the world. The Commonwealth of Australia was approved by the British Parliament in 1900 and came into existence on January 1, 1901. The federal constitution combined British and American practices, with a parliamentary government, but with two houses - the popularly elected House of Representatives and Senate representing the former colonies. This began the start of a new era of policing. (Findlay, Odgers, Yeo). The Commonwealth of Australia is a federalist government composed of a national government and six State governments. There are nine different criminal justice systems in Australia - six states, two territories, and one federal. The eight States and Territories have powers to enact their own criminal law, while the Commonwealth has powers to enact laws. Criminal law is administered principally through the federal, State and Territory police. (Chappell, Wilson, Heaton). In this essay an in depth analysis of the Australian criminal justice system will be given, along with a comparison to the United States criminal justice system throughout the essay. As well as an evaluation of the effectiveness of the system and finally a brief summary of how the Australian criminal justice system structure could be improved to better suit the evolving society. Australia has a complex and very intuitive system of policing that

Provision [SCRGSP], 2005; Jeffries and Bond, 2012). It is also widely discussed that there is an overrepresentation of Indigenous Australians in the criminal justice system itself (Jeffries and Bond, 2009), representing up to one quarter of prisoners in Australia (Makkai and Payne, 2003; Payne, 2005). This essay will address the current issues that Indigenous Australians face within the criminal justice system, particularly, with courts. The aim of this essay besides addressing these issues will also be to provide suggestions or alternatives that may help resolve the presented issues and improve the experience for Indigenous Australians in court.

Even when they were in remote areas they would still have to face the Justice System for any minor crimes they committed. The justice system would put many aboriginal people in prison and if some of them could not afford bail, they would be held in prison for a day or two until their trial date. There is a high incarceration rate of aboriginal people in prison, but what is worse is that the justice system does nothing to help the aboriginals when they are most vulnerable. The criminal justice system should introduce the different types of restorative justice – i.e. circle sentencing, group meetings - instead of incarcerating the aboriginals because firstly, the community as a whole will feel safe to either go to the cops or come in front of the court house, but also because they would not have to fear the justice system. Secondly, in terms of the community, they start to work together to find a resolution, rather than give all the power to one person to make a decision and this way the communities bonds are stronger than ever before. The community can use techniques such as reintegrated shaming, in which the community welcomes back the “offender” so that they do not feel left out or secluded. Furthermore, when a community works together, a lot can be accomplished such as the rate of crime decreasing and there would be more of a focus on helping

When considering why criminal law is important in achieving justice for Indigenous Australians it is pertinent to recognise that Indigenous people are grossly over-represented in the criminal justice system. Recent data suggests that Indigenous Australians aged 10 and over are 7.5 times

Nancy Macdonald (2016), an editor who works for the Maclean’s, writes an article on the way Indigenous and non-Indigenous citizens are treated by the law and police force. At least 36 per cent of the women and 25 per cent of men, who are Indigenous, were already sentenced to provincial and territorial custody in Canada. Nancy explains, from these scores, these statistics make up at least 4 per cent of the national population. She also explains, if you add in the federal prisons, the statistics will now account for 22.8 per cent Indigenous inmates of the total incarcerated population.

We are learning that when genuine 'Indigenous' Justice is hiding under the cloak of Western paradigms, we continue to see the rising population of Indigenous peoples--especially Indigenous women--in prisons. Our programs and rehabilitative initiatives remain under Western paradigms, even when painted with the brush of 'restorative' or 'indigenous'

How often do we stop to think about the minorities of this country and how they become involved and are treated in the criminal justice system? I surmise; only some of us will concern ourselves with such details. For some like myself; we might work with individuals of the Aboriginal community or have interacted with members of this group whether through school or work. Canada “had an Aboriginal identity in 2011 of 4 % or 1.4 million people” (Kelly-Scott and Smith, 2015). Of this total there is a gross overrepresentation of Aboriginal people in Canada’s Criminal Justice System. This overrepresentation of Aboriginals in the CJS comes as a result of socio economic factors, sentencing reforms, systemic discrimination, education and employment and victimization of Aboriginal women. In partial fulfilment of this course, this paper will address the leading factors which has led to the overrepresentation of this group in the CJS.

Honorable Minister Kai, Today I present my provisional report on the Aboriginal incarceration rates. As you know the Prime Minister in his Closing the Gap speech mentioned the indigenous community being deprived of jobs and education, which are important issues that require further investigation. However he hasn’t discussed the high rates of incarcerated indigenous people and the impact, which can have adverse effects on many other aspects such as education and job seeking. I have conducted wide research and gathered extensive data and evidence on the recent statistics graphing the evident difference in the incarceration levels between indigenous and non-indigenous people.

The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) in 1991 provided documentation on the death of indigenous Australians in prison or police custody. In doing so the report highlighted the substantial over representation of Aboriginal and Torres Strait Islander people in the Criminal Justice system and provided detailed analysis of underlying factors. The reports findings were believed to be the foundation of change. However, regardless of a range of policy changes and crime prevention programs in repose to the report, over representation in the criminal justice system remains. The issue is one of the most significant social justice and public policy issue in the contemporary Australian criminal justice system. The RCIADIC made 339 recommendations, most of which have been implemented into the criminal justice system over the past two decades. Never the less the systematic over representation remains prevalent. The purpose of this essay is to understand over representation as it exists in the contemporary criminal justice system. Particular emphasise will be placed on the levels of women and youths in the criminal justice system, their contact with the system and empirically based risk factors pertaining to over representation. An evaluation of alternative programs in the pre and post sentencing stage and the impact such programs would have on the over representation will be conducted.

No community in Canada comes into conflict with criminal justice system officials more disproportionately than Aboriginals (Dickson-Gilmore, 2011, p.77). Indeed, Aboriginal Canadians are often subject to both overt and unintended discrimination from Canadian law enforcement due in large part to institutionalized reputations as chronic substance abusers who are incapable of reform (Dickson-Gilmore, 2011, p.77-78). One of the more startling contemporary examples of this is the case of Frank Paul; a Mi’kmaq Canadian who was left to die in a Vancouver alley by officers of the Vancouver Police Department after being denied refuge in a police “drunk tank”. Not surprisingly, this event garnered significant controversy and public outcry amongst

Cunneens (2007) articles showed relative statistics, showing the negative effects of the relationship between the two groups, whether it is one groups wrong doing or not, the evidence shows that there is an issue that needs urgent attention and resolving. “Indigenous people were 17 times more likely to be held in custody than non-Indigenous people in Australia” this raw fact can be looked at from two different perspectives; number one the indigenous community are victimised by the police, or two a major percentage of the indigenous community are being involved in crime. Considering the indigenous population compared to the non indigenous community is so small, it does

This essay endeavors to explain what risk factors are and discuss four key risk factors that may assist in explaining the over-representation of Indigenous people in the criminal justice system. These include family violence, alcohol and drug abuse as well as employment and

The perception of the Australian criminal justice system’s legitimacy is determined by the actions of three institutions, and the manner in which they address issues of justice within society. For the criminal justice system to be seen with integrity and valued for its role, it is vital that all members of the community see the appropriate rectification of injustices through the police, courts and corrections. However, particular groups within society encounter the illegitimacy and social inequity embedded within these institutions, diminishing the effectiveness to which they fulfill their role. For women in particular, the institutions of the criminal justice system are notably unethical in their treatment of both victims and perpetrators of crime. Despite many reforms and recommendations for change, the criminal justice system ultimately fails in achieving justice for women, with the courts demonstrating the most significant attempt to eliminate social inequality and victimisation.

Throughout the history of Canada, we have acknowledged Indigenous cultures as being the first people of Canadian land. However, society has not treated them as equal members of society since the first explorers settled. The Euro-Canadian culture has impacted the Indigenous people negatively; as a result injustice between the two cultures has developed and inequality has widened as the two cultures interact more frequently. Lisa Monchalin (2016), author of the text The Colonial Problem: An Indigenous Perspective on Crime and Injustice in Canada, noted multiple reasons how Aboriginal people are discriminated against in society, and how they are over-represented in Canadian correctional system. In society, according to Aylsworth, L., and Trovato, F. (2012) of The Canadian Encyclopedia, the indigenous population was approximately 4.3% of the total Canadian population, yet, the 2015-2016 Annual Report of the Office of the Correctional Investigator noted “an unabated increase in the number of Indigenous people behind bars, a rate now surpassing 25% of the total federal incarcerated population” (2016, n.p.). This raised the question as to why there was such a blatant over-representation of Indigenous people in the criminal justice system. Indigenous history has been speckled with injustices, hardship, discrimination, racism, and have been on the receiving end of multiple attempts to rid Canada of Indigenous ways and people. The history of these

Coming from the UK as an international student I choose to take up Indigenous studies to widen my knowledge on the living circumstances of Aboriginals. Understanding sociologist views on what they perceive as social justice, I believe their notions should be applied to the Aboriginal community. This is due to the fact that ‘social justice’ is based on the distribution of fairness and equality amongst people of all ethnic, class, race, gender and disability. However, the readings and news reports which surrounding this course do not apply the concept social justice amongst the Indigenous community. For example, the high numbers of arrest amongst Indigenous communities demonstrates the unfairness within the law system; children being arrested