Redfern Riot Shouldn't Be Prosecuted

Even though most studies would have discussed the overrepresentation of Indigenous Australians in the criminal justice system, studies have actually found that in contrast with this, Indigenous Australians are not

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.

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.

Throughout my career as a Child Protection Social Worker I have worked with Aboriginals from the Mi’kmaq population on numerous occasions; many of which were involved with the CJS at least on one occasion. The Aboriginal Justice Implementation Commission in an article stated “national crime rates for Indian bands are

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.

Throughout the early 20th century, the Australian public was led to believe that Aboriginal children were disadvantaged in their communities, and that there was a high risk of physical and sexual abuse. Aboriginal children were being removed in order to be exposed to ‘Anglo values’ and ‘work habits’ with a view to them being employed by colonial settlers, and to stop their parents, families and communities from passing on their culture, language and identity

“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

Through my life, I have seen several different approaches to Indigenous people’s rights and importance in Australia. I have been fortunate enough to visit Ayers Rock and undertake a tour which allowed me to see Aboriginal culture in art and drawings as well as hearing Dreamtime stories from guides. I have also witnessed family friends who have been severely racist and disrespectful of Indigenous heritage and history. I also was lucky to work with some Indigenous students who were in Reception during my Professional Experience 1, and I was able to see first-hand how a culture clash can affect a student’s behaviour. I feel that even before entering this course, I have had the privilege of being able to observe both positives and negatives

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 article gives the reader an inequitable view of Indigenous Australians, defending Tony Abbot’s point of view and the audience is encouraged to agree with mainstream media in regards to whether or not Tony Abbott is racist. Article B from the Koori Mail condemns Tony Abbott’s viewpoint as not only racist but he is insulting the very culture that he is representing. Article B states that Tony Abbott does not understand Indigenous culture and how important land is to them “Connection to country is everything to Aboriginal people – defines Aboriginal people and sustains us in a cultural and spiritual sense and can play a vital role in building economic independence, self-determination and healing” (Greg Cromelin, Article B). With Article B the audience is encouraged to get angry at Tony Abbott’s comments and make him out to be racist.

Human rights are the rights of humans, regardless of nationality, gender, race, or religion. We should all have this in common as we are all part of humanity. However, Indigenous people did not always have these rights (Ag.gov.au, 2015). Aside from basic human rights, Indigenous people also have their own rights specific to their culture. Before 1967, Indigenous people had different rights in different states and the Australian federal government did not have any jurisdiction over Aboriginal affairs until Australia’s constitution was amended for this purpose in 1967 (Moadoph.gov.au, 2015). Between 1900 and the present time, there have been significant changes to the rights of Indigenous Australians. The effects of the European Settlement on the Indigenous people of Australia have been devastating. When white people began arriving in Australia, the Aboriginal people believed them to be ghosts of ancestor spirits. However, once they realised the settlers were invading their land, the Aborigines became, understandably, hostile (Slater & Parish, 1999, pp.8-11). In 1788, the total Indigenous population was believed to be between 750,000 and one million. By 1888, the Indigenous population was reduced to around 80,000 Australia wide (Korff, 2014). The three main reasons for this dramatic decline were the introduction of new diseases, violent conflicts with the colonisers, and settlers acquiring Indigenous land (Digital, 2015). In 1848, the Board of National Education stated that it

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).

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.

The over-representation of indigenous peoples and minority groups in crime rates is a significant issue appearing in several countries worldwide. This essay will focus in on the over-representation of Maori in New Zealand’s crime sector. The disproportionate levels of crime within the Maori population will be looked at first through a contemporary strain theory lens- using the relationship between Police and Maori as an example to demonstrate how Maori may end up over-represented in the official crime statistics. A critical criminology theoretical framework, namely labelling theory, will then be used to provide further understanding about why the over-representation of Maori in crime rates has remained consistent through several generations.