Indigenous Female Incarceration Analysis

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.

For decades, there has always been a very precarious relationship with aboriginal communities and the criminal justice system, especially with issues of indigenous victimisation and over-representation within the custody of police and prisons and the history of colonisation. Over-representation is the disproportionate numbers in which indigenous people come into custody compared to the non-indigenous. Although the justice system has been working together in order to overcome these deep-rooted issues and eliminate any negative associations with indigenous communities. This essay will outline the relationship between aboriginal communities and the police, the concerns associated with this relationship, why they are over-represented in the criminal justice system and the efforts that have been made to prevent this accumulating in the future.

In Canada, there has been an on going concern in the matter of missing and murdered Indigenous women. Although many First nations individuals have many barriers placed upon them by society, the government and many other institutions. Indigenous women face many of these barriers very harshly. Aboriginal women are vulnerable to many different forms of abuse because of not only being female but also due to issues such as poverty. First nations citizens have been faced with extreme difficulties throughout every aspect of their lives. These difficulties ultimately include the discrimination they face daily from police services, lack of resources in order to assist their need, etc. There have been many problems which have lead up to the social problem of missing and murdered Indigenous women which include the historical upbringing of our First nations population, and unfortunately through recent factors as well. Theories like the feminist theory assist in the debunking of this problem and give us a brief insight into the situation. To this day, the very serious issue of missing and murdered Indigenous women is a key issue, which has been left with many cases unsolved. This in part clearly demonstrates the lack of efforts put in place by Canadian police in order to combat this problem. A case, which raised serious problems in North America, is the case of Lisa, a young Metis woman who at the age of fifteen disappeared walking home from a shopping trip, to which she was never found.

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.

Women no matter where they are in the world are too often victims of violence. They face higher rates than men both if it is sexual assault, stalking, or severe spousal abuse and usually the results are that women will end up extremely injured or dead. With young women suffering the highest rates of violence, Aboriginal women in particular face an increased risk of violence compared to non-Aboriginal women. Aboriginal women in Canada are three times more likely to experience crucial and severe violence compared to non-Aboriginal women. Most of these women end up missing and murdered. The predicaments of missing and murdered Aboriginal women has brought tremendous pain and suffering in homes, in families and throughout Aboriginal communities. Many sources and factors have contributed to hindering solving this issue. Media and discrimination have long been known to have played a huge role in this tragedy.

There have been many changes in the treatment of offenders by the Criminal Justice System in England and Wales, particularly the treatment of female offenders. The handling of women within the criminal justice system has been closely tied to their social characteristics, and to what might be described as their ‘social construction’. On the other hand, women who compromise more than half of the world’s population, account for only 15% of criminal activity and as a consequence, relatively little attention has been given to them. This essay will explore how this has changed from a historical point of view to modern times, with exploration from cross-culture comparisons and an overview of the treatments of females in prisons.

The over-representation of Indigenous people in the criminal justice system is a large problem in society and reasons as to why this may be occurring need to be examined (Walker & McDonald, 1995; AIC, 2013). Indigenous Australians make up less than three per cent of the overall Australian population, however Indigenous people are over-represented in Australian prison populations, with imprisonment rates that are around 12 times those of the rest of the Australian population (AIC, 2013). Rates of over-representation are even higher in juvenile detention, with a 10-17 year old Indigenous person being around 24 times more likely to be in detention than a non-Indigenous person of the same age (AIC, 2013; Cunneen & White, 2011). Indigenous Australians overrepresentation in the criminal justice system is usually due to offences pertaining to violence and public disorder (ABS, 2010; Hogg & Carrignton, 2006). This is endorsed by the fact that Indigenous Australians currently make up 40 per cent of those imprisoned for assault offences (AIC, 2013). The over representation of Indigenous Australians in the criminal justice system may be attributed to a variety of reasons, known as risk factors (AIC, 2013).

Aboriginal women of Canada have struggled since 1967 to have their right to identity and their civil and political rights recognized. Part of this battle included changing century-old provisions in the Indian Act which banished women from their families and communities by forcing them to give up their Indian status, Band membership, and, essentially, their identity as Aboriginal women if they married outside their race (Leslie and Macguire 25).(f.1) The Tory government amended the Indian Act in June 1985 through Bill C-31. Aboriginal women 's struggle continues, however, as some Indian Chiefs are trying to overturn the amendments in court, claiming they interfere with their jurisdiction to determine membership in their own communities. It is my position that the civil and political rights of Indian women are fundamental human rights, and that they are Aboriginal rights which are now recognized under section 35(1) of the Constitution Act, 1982.(f.2) These rights have never be extinguished and they continue to exist.

In chapter five of her book, Anderson starts it by stating that “I’m not a feminist”. She shares her experience that this is the remark she very often hears from Indigenous women. She further narrates that when she shared the idea of writing an essay on Indigenous feminism with friends and colleagues, many of them were skeptical: some seemed bored; others considered it a waste of time; remaining labeled it a negative activity. Interestingly, one of the author’s friends remarked that “feminists are always arguing against something”. These sentiments are main reasons of discouragement among Indigenous women to be identified as feminist. In my opinion, this issue is very complex; therefore, should be looked at holistically. Before I further reflect

Second Slide: The ways in which Indigenous Women tried to resist, but were ultimately victims of colonization, and how heteropatriarchy has affected them.

In April 1995 Pamela George, an Ojibway women, was brutally murdered in Saskatchewan. Her murderers Steven Kummerfield and Alex Ternowetsky, young middle-class white men, were convicted of manslaughter and sentenced to merely six and a half years in prison. George’s story is one of the many Indigenous women who have been murdered or missing over the past years. There are over 580 cases of missing and murdered Indigenous women, close to half are put aside and left unsolved. Only 53% of these cases have lead to charges of homicide (Klement 8). Drastically, statistics indicate that Aboriginals are faced with more hardships throughout their life compared to the average Canadian. Indigenous groups, particularly women, suffer from a lower rate of education, higher suicide rates and an array of health risks. This paper will examine the role settler colonization history has played in perpetuating conditions for violence to indigenous women, many of which are still experienced today. This will be accomplished by first assessing the history of settler colonization and its negative repercussions. Secondly, it will use Sherene Razak’s concept of “spatial segregation,” to illustrate how state institutions have facilitated violence through space, race and the law. Lastly, this paper will use evidence from the film “Finding Dawn” to further demonstrate how violence towards indigenous women is institutionally produced.

Incorporating just one culture’s ideology while ignoring another also challenges Australia’s commitment to cultural diversity (Calma, 2007). The fact is every Australian has different cultural views and practices a chosen cultures values in their day to day life which can at some level can be considered when an individual encounters the Australian criminal justice system (Calma, 2007). Moreover, some individuals are concerned about incorporating indigenous customary law is that recognition may lead Indigenous people to lose control over their laws leading to further alienation. Concerns of having to expose secret pieces of law to outsiders who may aim to change them (ALRC, 1986; Law Reform Commission, 2006). Recognition of Indigenous law today