The Rate Of Imprisonment Of Aboriginal And Torres Strait Islander

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.

After abolition of capital punishment in Australia, the imprisonment is considered as severe penalty. Life imprisonment is imposed mostly in cases of murders after considering the severity and circumstances of crime. Prisoners are to serve long period of their lives in jail with no hope or less hope to be released. The term life imprisonment changes jurisdiction to jurisdiction or state to state, as it can be sentence until death, twenty years or indeterminate period. The uncertainty here becomes more cruel. A few dies in prison committing suicide or natural death in prisons due to stressful and unnatural environment of prison. A long term isolation also changes attitude and behaviour in such a way that these prisoners become incapable to survive in normal society. Offenders who serve long time in prisons are also discriminated in our society whether in relation to social activities in community or employment matters. In Australia aboriginal and Torres Strait Islanders are victims of such discrimination and it can be the reason behind their growing population in Australian prisons. Thus life time sentencing has become an inhumane penalty and subject of important consideration at international level. Even harsh conditions results in higher rates of

Racial inequality inside of Canadian prisons is shocking and sometimes unbelievable when taken into account the percentage a minority group takes up in Canada’s overall population versus behind bars. The injustices against Canada’s First Nations people are unfortunately not just historic, as their mistreatment is still evident today. Despite representing only 3% of the population, First Nations account for about 25% of the prison population in provincial/territorial facilities. More specifically, 31% of the female population, and 22% of the male population were First Nations in 2015. More than one in five admissions to men’s prisons are of Aboriginal descent, and one in three in women’s prisons. Although it can be said that more and more attention has been drawn to this issue by citizens and politicians alike recently, First Nations people continue to suffer from poverty, injustice, and a lack of opportunities compared to the average Canadian citizen. About one in four native children live in poverty, leading to criminal activity, and eventually

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.

When considering why criminal law is important in achieving justice for Indigenous Australians it is pertinent to recognise that Indigenous people are grossly over-represented in the criminal justice system. Recent data suggests that Indigenous Australians aged 10 and over are 7.5 times

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.

Minister if you will turn your attention to the following chart, which shows a comparison of imprisonment rates between different countries. It is thoroughly disappointing to see that the Aboriginal’s represent Australia with such substantial numbers. Minister there are alarming numbers the gravity of this situation transfers to other areas. Furthermore Western Australia the Aboriginal imprisonment rates are at an astounding 3,741, in comparison to the Aboriginal people the rest of Australia at

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.

There are still many social adversities that statistically Aboriginals are more prone to than whites such as domestic violence and substance abuse. The government aims to help out the Aboriginal community with even more benefits than the white Australian receives such as free medical care and legal services, help with housing requirements and many payment options to help those in need. Despite all this being Aboriginals on average have a lower level of employment to non-indigenous Australians and have a lower level of education. This is slightly similar to South Africa following apartheid although to less of an extent, poverty levels being higher and land still being owned by whites. It is very much similar to that of USA where their black community on average is more so in poverty than their white counterpart, although they are given the same rights and opportunities theoretically the social barriers still

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

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).

Throughout the history of Canada, we have acknowledged Indigenous cultures as being the first people of Canadian land. However, society has not treated them as equal members of society since the first explorers settled. The Euro-Canadian culture has impacted the Indigenous people negatively; as a result injustice between the two cultures has developed and inequality has widened as the two cultures interact more frequently. Lisa Monchalin (2016), author of the text The Colonial Problem: An Indigenous Perspective on Crime and Injustice in Canada, noted multiple reasons how Aboriginal people are discriminated against in society, and how they are over-represented in Canadian correctional system. In society, according to Aylsworth, L., and Trovato, F. (2012) of The Canadian Encyclopedia, the indigenous population was approximately 4.3% of the total Canadian population, yet, the 2015-2016 Annual Report of the Office of the Correctional Investigator noted “an unabated increase in the number of Indigenous people behind bars, a rate now surpassing 25% of the total federal incarcerated population” (2016, n.p.). This raised the question as to why there was such a blatant over-representation of Indigenous people in the criminal justice system. Indigenous history has been speckled with injustices, hardship, discrimination, racism, and have been on the receiving end of multiple attempts to rid Canada of Indigenous ways and people. The history of these

Even though Maori comprise only 14 percent of the general population, Maori are overrepresented in prison, making up of 50 percent of the prison population. This means that Maori children are more likely to have an imprisoned parent (Superu, 2015). Moreover, high rates of recidivism makes parental incarceration a chronic and reoccurring problem for both the parent and children, because nearly 40 percent of prisoners return to prison within two years after being release and 60 percent reoffended (Superu, 2015). Signs of intergenerational recidivism is especially high among Maori. In a study by Gordon & MacGibbon (2011), from sample of 217 Maori prisoners, half of the participants visited prison as children. Correlation between children with history of parental incarceration and them being imprisoned in

Prisons have ideally had three uses, custodial, coercive and punitive, it has become the ultimate embodiment of discipline in the modern age (Morgan & Leibling, 2007). In the June quarter 2016, the average daily number of full-time prisoners in Australia was 38,685. This was an increase of 2% (689 prisoners) from the March quarter 2016 and 8% (2,736 prisoners) from the June quarter 2015 (ABS 2016). During the 18nth century, the punishment of criminals consisted of limited time in prison and a severe punishment to instill discipline in the community.