Discuss why Aboriginal deaths in custody happened and the importance of the Royal commission.
In the late 20th century, Australia?s indigenous peoples were 29 times more likely to be put in jail than other Australians; 20 times more likely to be picked up by the police; less likely to receive bail or have legal representation in the court; and more likely to plead guilty. At the same time, indigenous peoples were less likely to be called up for jury duty than other Australians. The Aboriginal Legal Service (1970-97) provided access to legal advice and assistance for people who could not have otherwise afforded it, but it could do little to overcome injustices indigenous Australians suffered under the Australian legal system.
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Other ongoing problems were the failure of prison staff to provide adequate medical care for these prisoners and the inability of police to identify the particular cultural factors which may have placed these prisoners at greater risk.
? The role and significance of the Tent embassy In 1971, The Aboriginal Advancement League asked the United Nations to support its claims for land rights and compensation. Protestors pressured State and Federal Governments to respond to the injustices of indigenous peoples having been disposed of their land. On 26 January 1972, the Liberal Party Prime Minister, William McMahon, announced that ?land rights would threaten the tenure of every Australian?. He said that his government would grant neither land rights not compensation to Australia?s indigenous peoples. They could lease land but only for what his government considered worth while economic or social purposes. McMahon also said also said that his government would allow mining on Aboriginal reserves.
That afternoon four Aboriginal activists ? Michael Anderson, Tony Coorey, Billy Craigie and Gary Williams ? came up with a daring scheme to express anger at the prime minister?s attitude. They set up an Aboriginal embassy in a tent on the lawns of Parliament House in Canberra. Australia?s indigenous peoples united in their support for the Aboriginal Tent Embassy and the land rights issue it sought to publicise.
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Throughout Australian history, there have been men and women who fought for the entitlements of the indigenous people. The most respected and recognised of these is Eddie Mabo, a Torres Strait Islander. Mabo stood up for the rights of his people from a very young age all the way to his death, in order to generate changes in the policies and laws of the government. Mabo battled for his right to own the land which he had inherited from his adoptive father, a fight which was resolved only after his demise. Despite this, Eddie Mabo became one of the key influential figures in the Aboriginal rights movement, as his strong will, determination, and intelligence allowed him to bring about change.
Good morning ladies and gentlemen, I am here to discuss the effects that Neville Bonner had on the land rights and freedoms of aboriginal Australians. Australia has a history of discrimination. This is proven by the amount of effort it took to change the rights of indigenous Australians. One of the most effective aboriginal Australian’s was Neville Bonner, who I will speak about today. Neville Bonner had a significant impact on the rights and freedoms of indigenous peoples due to his involvement in parliament and his determination to live freely as an aboriginal. We will discuss throughout the speech Neville’s background and childhood, the changes he made to the rights of aboriginal peoples and who they impacted, as well as why he decided to make a difference to the lives of aborigines.
While the liberal experienced emotional changes amid the 1970s, the Communist agreement experienced reduced rates of development yet not the sorts of amazing economic rebuilding that happened in the West. These improvements in the 1970s suggested the Cold War's determination in the 1980s. Arranged in similar connection, the changes of the liberal world economy during the 1970s uncovered – an in a few ways improved – the relative backwardness of the Soviet Union's charge economy, with final outcomes for the truth of the Communist administration. Universal fiscal change, in this view, encouraged the ideological and geopolitical improvements that would take the Cold War.
The Aboriginal Tent Embassy was inspired by the 1970s Black Power movement in the US. It was created in response to the McMahon Coalition Government’s denial to acknowledge Aboriginal land rights. The Tent Embassy was established in front of the parliament house in Canberra when four indigenous men set up an umbrella on the lawns that were surrounded by cards on the 26th of January 1972. They declared it as an “Aboriginal Embassy.” The role of these young men was to stand up for what they believe in which was equal human rights for Aboriginal people. This was important seeing as back in the 70s, Aboriginal people were seen as dirty criminals that should be avoided.
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.
The Aborigines Protection Act 1909 (NSW) was a law that changed Indigenous Australian lives forever. The act enabled the New South Wales Board for the Protection of Aborigines to essentially control the lives of Aboriginal people. It was the Aborigines Protection Act 1909 (NSW) that had major provisions that resulted in the containment and suffering that Aboriginal people endured. This suffering included the practice of forcible removing Indigenous children from their families. These major provisions help us understand what the Aborigines Protection Act 1909 (NSW) involved and the impact it has had on the daily lives and cultures of Indigenous Australian peoples today.
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.
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.
On Australia day 1972 four Indigenous activists, Michael Anderson, Billy Craigie, Bertie Williams and Tony Koorie erected a beach umbrella on the lawns of Parliament House. These four people set up a protest and placed signs which said ‘Embassy’, this was to represent a displaced nation. The protesters were against the McMahon Liberal Government’s statement in which land rights were rejected to Aboriginal communities. They issued a petition which had a detailed five point plan which addressed that Aboriginals had ownership of existing reserves and settlements. The Aboriginal protesters said that they would stay out on the lawns opposing until the Aboriginal Australians were granted their land rights. After a while the Government realized that they needed to get rid of the Aboriginals that were camped at Old Parliament House. They decided that they would be removed without any disturbance and with plenty of notice.
Since the time of federation the Aboriginal people have been fighting for their rights through protests, strikes and the notorious ‘day of mourning’. However, over the last century the Australian federal government has generated policies which manage and restrained that of the Aboriginal people’s rights, citizenships and general protection. The Australian government policy that has had the most significant impact on indigenous Australians is the assimilation policy. The reasons behind this include the influences that the stolen generation has had on the indigenous Australians, their relegated rights and their entitlement to vote and the impact that the policy has had on the indigenous people of Australia.
The 1960s and 1970s were a significant time period in the history of the United States of America. The country faced many domestic social issues as well as issues and conflicts with foreign countries. Some issues included poverty, the Civil Rights Movement, the Cold War, and the Vietnam War. The United States was involved in dangerous issues that did not directly affect them otherwise. Even at home in the states, discrimination was everywhere.
A current emerging issue in Australian society is the rising representation of Indigenous Australians in prisons across the country. According to the Australian National Council on Drugs, the Aboriginal population is 13 times more likely to end up in jail than the rest of the population (Donovan, 2010). This is despite the Aboriginal population representing only three percent of the total Australian population. In order to combat this problem, a range of legal solutions such as circle sentencing, Indigenous courts and Justice Reinvestment have been implemented. However, the current trend of incarceration rates for the future of Aboriginals suggest that the effectiveness of these solutions need to be put
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).
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 Effectiveness of the Law in Achieving Justice for Indigenous People In relation to Australia, the term ‘Indigenous peoples’ refers to two distinct cultures of people who inhabited the land prior to European settlement – The Aboriginals and the Torres Strait Islanders. This population declined dramatically over the 19th and early 20th century due to the introduction of new diseases from European settlement, Government policies of dispersal and dispossession, the era of protection, assimilation and integration causing a cultural disruption and disintegration of the Indigenous peoples. In the 20th century the recognition and protection of Indigenous peoples land rights and human rights have been