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