Indigenous Female Offenders: A Case Study

Using an empirical approach, Douglas Brownridge conducted a large-scale sample experiment between Canadian women, focusing on the significance in increase of violence with Aboriginal Women based on many variables. Violence against Aboriginal women increased at all levels of severity, and are more likely to be ongoing than other non-Aboriginal relationships.

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.

“These folks have been victimized twice. Once when their daughters, their sisters, their mothers have gone missing. And then, a second time when the justice system has utterly failed them in the pursuit of the justice they so rightly deserve. There can be no solution until we get to the truth in the heart of the matter, that this is a complex issue. The sources of this violence against Aboriginal women and girls is complex, but it… there’s no possibility of finding those solutions unless we actually have the truth on the table. And the resistance from this government time and time again, to have the courage and the leadership to approach this conversation and find that truth… is yet a third victimization of these families” (Pope C. & Smiley M., 2015)

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

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.

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

She argues that women face many institutional and societal barriers. In this regard, I will give examples of the institutional and structural barriers such as “The Indian Act” which have significantly affected Indigenous women in Canada in many ways including social, economic and political. While comparing feminists and Indigenous feminists, I think that Native women are different in several ways including social, cultural, historical, political and economic; therefore, Indigenous feminism is a way of practicing the values that they have been taught and inherited from their

The characteristics of these offenders and the crimes they are committing are also changing over time. Demographically the juvenile female offender is most likely coming from a single parent home and may have been physically or sexually abused at some point in her life. She will also most likely be under the age of 15 and even more likely to be a woman of color, African-American young woman comprise almost 50 percent of all young women in secure detention, while Hispanics make up 13 percent (Bergsmann, 1994). In 1996, females represented 57 percent of the arrests for running away. In 1996, females represented 15 percent of juvenile arrests for violent crimes, while arrests of boys for violent offenses declined by 9 percent (Snyder, 1997). Aggravated assault, the most frequent of the violent offenses committed by juveniles, represented 20 percent of all arrests for juvenile females, while declining for boys by 10 percent (Snyder, 1997). In considering these changes it is still important to note that girls are still arrested more often for status offenses it is becoming more evident that girls are engaging in delinquent behaviors more often