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Criminal justice and aboriginal people in Australia.

Category: Law Paper Type: Report Writing Reference: HARVARD Words: 2310

Table of Contents

1     Introduction. 3

2     Issues related to the criminal justice system.. 4

2.1      Facts and figures. 4

2.2      Problems related to criminal justice system.. 4

2.3      Improvement in criminal justice system.. 5

2.4      Previous legal actions and alternatives. 5

3     Causes of overrepresentation. 5

3.1      Role of royal commission. 6

3.2      Statistical analysis of Australian Bureau of Statistics. 7

4     Over policing and under policing. 7

4.1      Role of police. 8

5     Judicial and governmental responses. 8

5.1      Rehabilitation programs. 9

6     Persistence of issue. 9

6.1      Role of court 10

7     Justice programs. 10

7.1      Justice program.. 11

8     Recommendations. 11

9     Conclusion. 12

10   References

Criminal justice and aboriginal people

Introduction of Criminal justice and aboriginal people in Australia

Indigenous people of Australia are often represented as Torres Strait Islander People and Aboriginal people of Australia. These groups existed in Australian island before the British colonization. The Torres Strait Islanders and aboriginal people are having complex relationship with the criminal justice system of Australia. They are often overrepresented for custody and are supposed as victims of crime without evidences. In Australian criminal justice system, the aboriginal people are massively overrepresented. In the total population they represent only 3% while in the Australian prison population they are 28%. Indigenous people are one of the most represented populations facing the criminal justice system in Australia and other countries. They experience system with interwoven issues of discrimination and colonialism. Indigenous people and the criminal justice system are representing extensive view of issues regarding the laws and regulation (Humanrights. gov. au, 2006). The present work provides a review of the day-to-day consideration and leading case laws for the practitioner who are working with the indigenous clients. The challenges faced by aboriginal people in Australia are also considered in the present work. Some other considerations explored in the present work including case inquiry, justice programs and challenges about circumstances and criminal issues. Particular emphasis is on the situation and facts faced by people (Rudin, 2018). The over-representation of these people is similar to victims of crime, under policing and over policing. The present work deals with social initiatives and government role in addressing the problems of aboriginal citizens (Lithopoulos & Ruddell, 2016). The aim of the present work is to identify disproportionate between the criminal justice system of Australia for aboriginal people. The work involves provisional and Federal government attempts to increase system capability of justice for the indigenous people. The particular analysis of previous century justice system also considered over representation of the criminal justice system and admissions in prison for the aboriginal people.

Issues related to the criminal justice system and aboriginal people in Australia

The over representation of abnormal people and the failing of the criminal justice system is observed for Federal as well as provisional prisons. The report presented by the Royal Commission shows that indigenous people face injustice personified by the crisis in the criminal justice system (Lithopoulos, Savvas; Ruddell, Rick, 2013). There is some controversial observation about the impact of legislative and judicial system related to the aboriginal people. The subsequent law and legislative processes explore many things about causes.

Facts and figures of Criminal justice and aboriginal people in Australia

The research identifies that the number of aboriginal people in custody increases from 14,576 to 15,349. On the other hand, the custody of non-aboriginal people decreased from 76,526 to 65576 (Lithopoulos, Savvas, Ruddell, Rick, 2011). The analysis of the previous century shows that custody of aboriginal people increased by 35%. The rate accelerated in the subsequent years and the circumstances for the aboriginal people also accelerated with time. In order to analyze the overrepresentation and the criminal justice system, only two pieces of data are sufficient to analyze, that includes percentage presence of a particular group in population and secondly the criminal justice system for the particular group of people.

Problems related to criminal justice system in Australia

The criminal justice system is supposed to be equal for the general population (Lithopoulos, Savvas, Ruddell, Rick, 2011). The statistical tracking of the facts shows difficulties, territories, and reluctance to be enumerated. The problem of homelessness is also increasing for the individual aboriginal people. The ethical and racial background of the local community towards the aboriginal people shows discrimination at federal, territorial, and provisional levels of justice.

Improvement in criminal justice system in Australia

In order to improve the justice system, the ministry of correctional services. With the evolution of time the jail system became harsher. The data collected from different sources is evidence of low-level justice system for the aboriginal people in Australia (Humanrights. gov. au, 2006). Certain economic and social factors induce impact on the aboriginal Victorians and these factors includes educational issues, mental health, substance abuse, racism, disability, violence and colonial issues. The legislative changes and policies of Australian system are specially designed to enhance the community safety process from remand, serving prison sentences and community correction orders (Aboriginaljustice.vic.gov.au, 2019).

Previous legal actions and alternatives of Criminal justice and aboriginal people in Australia

Different legal actions are carried out by the Australian government to reduce the discrimination. The human right commission of Australia provided a report on the inquiry of case in which children were separated from the aboriginal parents. The department of justice and regulation introduced the Victorian implementation review under the order of royal commission to modify the rules and to reduce the aboriginal death rate in custody (Aboriginaljustice.vic.gov.au, 2019). The indigenous laws in Australia are becoming source of recognition for the dominant Anglo Australian institutes of justice. The lack of alternative programs and services for the aboriginal people is also causing issues for the appropriate use of criminal justice programs. The Australian Law Reform commission provides rehabilitation programs for the offenders. The indigenous courts have higher aboriginal control over the justice system and motivation of the law system adequate development (Aboriginaljustice.vic.gov.au, 2019).

Causes of overrepresentation of Criminal justice and aboriginal people in Australia

Over-representation of aboriginal in prison is often considered as a coherent set of reforms. The situation becomes analogous to the facts of overrepresentation. Different theories are proposed to explain the situations. The critical role supports the Supreme Court, parliament and justice system. The Parliament law section 7-18.2 provide critical services for Supreme Court and criminal record. Analysis. Statistical analysis shows that 90% of the jail population is from Northwest Territories and Nunavut. The rate of Aboriginal overrepresentation stands 3rd for Ontario. The theories provided by the Royal Commission on aboriginal people RCAP just shows colonialism, social economic conditions, and cultural clashes (Humanrights. gov. au, 2006). The cultural clash theory is representing reasons of labeling for the correct conditions related to the western concept of Justice. The legal offenses and valid defenses related to cultural norms. The significant role of court workers at government level causes overrepresentation.

Role of royal commission of Criminal justice and aboriginal people in Australia

The visit of the Royal Commission at Saskatchewan Penitentiary in Prince Albert indicates that 95% of the aboriginal Prisoners were due to alternative justice program (Lithopoulos, Savvas; Ruddell, Rick, 2013). The correctional services suggest an adaptation of effective strategies that introduces a great impact on the conflict of laws and reduces socio-economic processes. The transmitter redevelopment is required to reduce the level of education rates, incidences of poverty, diseases, and enhancement in the level of income. The development of aboriginal alternative justice system can generate certain advantages related to the economic conditions for aboriginal people. People suffering from discrimination.


Figure 1: Percentage of actual prison population provided by Royal commission

Statistical analysis of Australian Bureau of Statistics in Australia

The colonialism is often considered as a cause of critical detection of these people. The colonial relationships are required to be strong between aboriginal people and no never original society (Rudin, 2018). The data extracted from the Australian Bureau of Statistics (ABS) reported imprisonment rate of Aboriginal Australians from 2000 to 2012 and it increased from 1,727 to 2,346 per 100,000 adult population of Australian aboriginals. The research also indicates the odds of recidivism in the juvenile justice center (Martin, 2017).

Over policing and under policing of Criminal justice and aboriginal people in Australia

There are different issues related to the criminal justice system in relation to Aboriginal people. The main issue is related to the involvement of political affairs with the justice system. The aboriginal people are unable to find the focus of judges and evidence are often proposed as things to have a decision. Aboriginal people are of both kinds of over police and under police. Over policing can be referred to the practice of police to have focused attention in one particular geographical area. These Police number does not lay charges for trouble (Humanrights. gov. au, 2006). They decide to dictate laws particularly in the mirror infraction of a controlled drug, substances act, and criminal code. The target policing is adopted explicitly for the police members. Instead of fighting for aboriginal right disputes the role of the police is different from other public protests. The police members are involved in facing and controlling protest and restrictions to allow the balance between special provision and public destruction violation of the law. There are a number of factors and expressions for Public Distribution and violation of the law (Lithopoulos, Savvas; Ruddell, Rick, 2013). The civil disobedience and dispute of rights are considered in federal court.

Role of police of Criminal justice and aboriginal people in Australia

The similar behavior was observed in the incident of burnt church in 2000. Under policing aboriginal people refers to an activity that considers the commitment of crimes. The victimization for nonviolent offenses is considered avoidant. Aboriginal children in different residential schools are facing physical abuse. Such type of incidence all considered for the victim of abuse and sound decision of police members (Lithopoulos, Savvas, Ruddell, Rick, 2011). The judicial and legal effects of the Australian government provide supports to the colonial criminal justice systems. The negative views are related to the cultural and racial system (Korff, 2019).

Judicial and governmental responses in Australia

In many reports and studies, it is supposed that every people and the criminal justice system are in this together and face difficulties at provisional and Federal level. The government initiative is required to be supported for the development of services and programs for aboriginal people. The conflict of law is reduced by the government to extend the programs in interactable aspects (Lithopoulos, Savvas; Ruddell, Rick, 2013).

Rehabilitation programs of Criminal justice and aboriginal people in Australia

The basic principles about rehabilitation, deterrence, denunciation, and incapacitation provide additional support for reforms and process of Justice. There are certain reasonable circumstances that find the attention of aboriginal offenders (Humanrights. gov. au, 2006). The court encourages judges to look at systematic factors in unalterable situations. Under the section, the aboriginal people automatically find the solution of sentences and discount for the offends. The Federal government commissioner addresses issues of over-representation in the prison system (Lithopoulos & Ruddell, 2016). The generalized criminal justice system is improved by the government as the government introduced the youth criminal justice act. The Other equivalent systems provide the general declaration about principal and aboriginal communities. The program is equally funded by different provinces, outworkers’ programs and centers of Oriental Federation (Lithopoulos, Savvas; Ruddell, Rick, 2013).

Persistence of issue of Criminal justice and aboriginal people in Australia

The statistical reviews indicate that the problem is going higher for the over-representation of aboriginal people and the criminal justice system. The population is growing quickly and the present population also agrees with the same percentile. The social cost of development is increasing and it shows the requirement of development of budgeting and government laws sections. Different statements and specification active indicate a policy that is responsible to resolve and eliminate over-representation of generation (Humanrights. gov. au, 2006). The policy front of government is to provide an alternative to justice response for the aboriginal community in the justice area. Aboriginal offenders circumstances in their life that are related to systematic issues. Therefore they have a low contribution to the laws and criminal justice system. The probation officer who has a significant role in non-custodial sentences work to provide comprehensive report about the law and action.

Role of court Criminal justice and aboriginal people in Australia

One of the Hallmark of the court is to deal with the number of cases and the same court system. Without the commitment of money and time, the service providers work according to the programs of Court (Lithopoulos, Savvas; Ruddell, Rick, 2013). The informal setting option is also provided to aboriginal people and non-Aboriginal people. There are different discussions and suggestions about Gladue Court incidence. The persistent information is provided about the criminal justice system and therefore it leaves with real changes in the law original process. People spend more time in jail waiting for the decision and bail (Lithopoulos & Ruddell, 2016). There are two major reasons for the increasing number of aboriginal people waiting for custody and bail. One of the reasons to have admission in jail over a period of time that is typically one-year second one is to have looked over the average population in Jain over the time that is sometimes a single day. The unit trend of territorial Jail is increasing and getting more response from half of the cases (Lithopoulos, Savvas, Ruddell, Rick, 2011). The statistical analysis of 2016 shows 14.8 factors for the imprisonment of Aboriginal people across the Australia and it was accelerated for Aboriginal women. In 2008 the rate of criminal charges was 0.6 and in 2011 it was increased rapidly as 6.7% (Cunneen, 2018).

 programs Criminal justice and aboriginal people in Australia

There are numerous charges, notwithstanding including some brutality by Aboriginal guilty parties that have higher criminal records, for which an approval other than jail might be relative to the higher condition of the offense. It is also considered an obligation of the offender. The legal lawyers knows that in such type of cases the bail hearing turns into the most significant continuing, in light of the fact that a confinement request will successfully pre-decide the sentence as one of imprisonment that will be given for pre-preliminary confinement (Lithopoulos, Savvas; Ruddell, Rick, 2013).

Criminal justice program and aboriginal people in Australia

The development of aboriginal justice program is based upon the over-representation that can be addressed for aboriginal people. The program appears to have a particular impact on living standard. It can be realized that every justice programs are not particularly prevalent about Australia (Rudin, 2018). A large number of cases are considered in the Council program of justice. In the judiciary, the Crown attorney has a significant role to locate the program and Justice. The intervention of these programs addresses different conditions that person will be able to address issues in his life and interaction with the courts (Humanrights. gov. au, 2006). The custodial sentences depend upon the condition of crime. Some of the programs of the aboriginal justice system and ICT dependent upon the method superseded to the system. Controlled conditions of court improve the Department of Justice (Lithopoulos, Savvas; Ruddell, Rick, 2013).

Recommendations on Criminal justice and aboriginal people in Australia

In the relationship of criminal justice and aboriginal people, some recommendations are referred to Reform the system (Humanrights. gov. au, 2006).

The result shows the criminal justice system failed the aboriginal people of Australia due to certain reasons and views. The fundamental elemental issues of the substantive content of justice are required to be performed. The Commission report reflect the tenor of conditions (Lithopoulos, Savvas, Ruddell, Rick, 2011).

Some commissions and reports focus on the Recommendation of Thinking with the current system. Aboriginal awareness is required to be increased about the police form and assessable police complaint mechanism (Lithopoulos, Savvas; Ruddell, Rick, 2013).

Conclusion on Criminal justice and aboriginal people in Australia

 The present work deals with the criminal justice program of aboriginal people in different areas, particularly in Australia. Independent reports and suggestions are also proposed to reduce the issues and to improve the legislative system for aboriginal people. It is recommended that the development of a concrete plan is required to expand legal terms for a wide range of aboriginal justice programs. The ongoing finding of these programs improves the justice system.

References of Criminal justice and aboriginal people in Australia

Aboriginaljustice.vic.gov.au, 2019. Underlying causes of Aboriginal over-representation. [Online] 

Available at: https://www.aboriginaljustice.vic.gov.au/the-agreement/aboriginal-over-representation-in-the-justice-system/underlying-causes-of-aboriginal

Biblioteca. cejamericas. org, 2015. Aboriginal Peoples and the Criminal Justice System. [Online] 

Available at: http://cc/bitstream/handle/2015/4719/Rudin.pdf?sequence=1&isAllowed=y

Cunneen, C., 2018. Sentencing , Punishment and Indigenous People in Australia. Journal of Global Indigeneity , 03(01), pp. 01-20.

Korff, J., 2019. Aboriginal prison rates. [Online]
Available at: https://www.creativespirits.info/aboriginalculture/law/aboriginal-prison-rates

Lithopoulos, Savvas, Ruddell, Rick, 2011. Policing isolated Aboriginal communities: Perspectives of Canadian officers. Policing An International Journal of Police Strategies and Management, 34(03), pp. 434-453.

Lithopoulos, Savvas; Ruddell, Rick, 2013. Aboriginal Policing in Rural Canada: Establishing a Research Agenda. Aboriginal Policing in Rural Canada: Establishing a Research Agenda, 01(05), pp. 115-120.

Lithopoulos, S. & Ruddell, R., 2016. Crime, Criminal Justice, and Aboriginal Canadians. Criminal Justice In Canada, 01(01), pp. 01-15.

Martin, W., 2017. Criminal Lawyers' Association of the Northern Territor. [Online]
Available at: https://www.supremecourt.wa.gov.au/_files/Unequal%20Justice%20for%20Indigenous%20Australians%20by%20Martin%20CJ%2026%20June%202017.pdf

Rudin, J., 2018. INDIGENOUS PEOPLE AND THE CRIMINAL JUSTICE SYSTEM: A PRACTITIONER'S HANDBOOK. [Online]
Available at: https://emond.ca/indigenous-people-and-the-criminal-justice-system-a-practitioners-handbook-p.html

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