Over-Representation In Criminal Justice System Essay

There are three significant issues concerning law enforcement, namely enacting the law, police discretion, and assessment of criminal behavior. Different entities create and enact laws that are specific for the societies those laws represent.

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.

The rights and freedoms of Aboriginals have improved drastically since 1945 with many changes to government policy, cultural views and legal rules to bring about a change from oppression to equality. Unfortunately on the other hand, some rights and freedoms have not improved at all or have even worsened.

There is alarming number of Indigenous Australia’s currently serving time in prisons and from 2001 the numbers has been increasing. According to Krieg (2006) Indigenous incarceration may be the direct consequences of inadequate housing, mental health, substance use, family violence and disability.

This essay looks at Indigenous Australians in relation to the institution of ‘Criminal Law’. In this context, criminal law refers to legal processes such as police questioning, investigation and detainment as well as arrest, custody and bail. It also encompasses associated court procedures up to the point of sentencing. The focus will be to first outline the importance of criminal law to Indigenous Australians and then provide a critical analysis of the unique experiences and barriers that this group encounter in accessing criminal law in a positive way. Following this analysis, the development of possible ways to improve Indigenous access to criminal law will be discussed. Particular attention will be given to the way in which Indigenous Australians are affected by the transition of our modern justice system toward broader social justice concepts that incorporate risk management of potential criminal behaviour. From this discussion a conclusion will be drawn as to whether or not Indigenous Australians enjoy equality of criminal law and whether the structural elements of the law itself perpetuate Indigenous injustice and disadvantage.

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.

Policing of persons belonging to First Nations communities is not fair and equal under law, and should be changed in specific ways. Under-policing and over-policing both play significant roles in the unjust treatment of the Indigenous population, which have resulted in their marginalization and oppression in society. Despite the looming contradiction of being fearful of the police, there is still a desire for more police accountability and protection.

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

Consider what Blagg (2008) and Cunneen (2007) have said about the relationship between Aboriginal communities and the police. What are the major sources of concern, in relation to Aboriginal over-representation in the criminal justice system and what efforts have been made to reduce this over-representation?

The recognition of aboriginal customary laws under the Australian Criminal justice system is just confined to acknowledgement of just the traditional physical punishments at the stage of sentencing. It all depends upon the interpretation and readings of individuals who play a role in the Criminal justice system in the capacity of judicial officers, officers of the court, lawyers and police officers etc. (Aboriginal Law& criminal justice,Law Reform Commission,W.Australia)

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).