The over-representation of Indigenous Australians in prison continues to be a serious problem, even a decade after the recommendations of the Royal Commission into Aboriginal Deaths in Custody were handed down. The greatest leverage for reducing Indigenous imprisonment rates appears to lie in reducing the rate at which Indigenous persons appear in court rather than in reducing the rate at which convicted offenders are sentenced to imprisonment. This would mean not only diverting Indigenous defendants away from court, but reducing the rate at which Indigenous persons are arrested, through using alternatives to arrest, reducing the rate at which they offend or re-offend and addressing inappropriate differential treatment of Indigenous persons by the criminal justice system. A unique opportunity to analyse the processes underlying Indigenous arrest is provided by the 1994 National Aboriginal and Torres Strait Islander Survey (NATSIS) data, with its unprecedented range of socioeconomic and cultural data. This report documents the factors associated with Indigenous arrest, rather than directly analysing the nature of offence (re-offence) or differential treatment by the police.; no
There is a recurrent and intensifying problem of over-incarceration and recidivism among Indigenous youths in Australia. Although less than five per cent of young Australians are Indigenous, they account for almost half of the youths in detention. The Australian Institute of Health and Welfare found that between 2009 and 2013 the level of Indigenous over-representation among detained youths increased from 26 to 31 times the non-Indigenous rate. The latest Indigenous disadvantage report corroborates this trend, finding that the daily average detention rate for Aboriginal and Torres Strait Islander youth increased sharply between 2000-01 and 2007-08 and remained high in 2012-13 at 365 per 100 000 10-17 year olds, around 24 times the rate for non-Indigenous youth. Moreover, Indigenous youth re-offending rates remain consistently high. Between 2003-08, 53 per cent of young Indigenous people who had been arrested were repeat offenders.
The 1991 Royal Commission into Aboriginal deaths in Custody (RCIADC), told us unequivocally that “incarceration as a deterrent has been shown to be an ineffective means of dealing with the issue of aboriginal juvenile offending. The RCIADC went on to conclude that prison may actually be crime producing rather than crime preventing” (Satya & Barson, 2011, p. 87).
Notwithstanding the findings presented twenty four years ago, on any single day in 2013-2014, fifty eight percent of the juvenile population in custody were in fact Aboriginal and Torres Strait Islander (ATSI) young people (AIHW, 2015, p. 7). There has been a significant increase, rather than decrease, of ATSI juveniles within the criminal justice system despite an accumulation of reports affirming the recommendations from the Royal Commission. The exclusion of justice targets by consecutive governments has been detrimental in addressing the complex issues of ATSI youth within the criminal justice system. Despite successive literature stressing the need for justice targets and the importance of early intervention as a crucial factor in redressing the perpetuation of intergenerational ATSI offending, governments have not adequately adhered to or adopted these strategies.
Clearly a new approach to ATSI youth problem behaviour and crime needs to be found. The cost of detaining a young person in a correctional facility in Australia stands at just over $600 per day (Hudson...
Fonte: The Winston Churchill Memorial TrustPublicador: The Winston Churchill Memorial Trust
Publicado em //2009EN
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The design of environments for Australian Aboriginal offenders has always been problematic. The needs and concerns of Aboriginal prisons have been little understood and prison environments have often not served the needs of prisoners resulting in incidences of deaths in custody, self-harming and resistance behaviours. Australian Aboriginal prison populations continue to grow and the importance of providing custodial environments to meet the varying and diverse needs of these groups of prisoners is important. Within the fellowship I wished to view Indigenous custodial facilities across a number of countries to assess whether there were common needs and preferences among Indigenous prisoner populations and find innovation in prison design which could be applied to the Australian context. This report documents that Indigenous prisoners in other countries have common concerns shared by many Australian Aboriginal prisoners. The prison location, the ability to live within a social group, staying in contact with family and community were all common concerns. The normalisation of prison environments appears to have a major effect on the behaviour of prisoners within prisons. Theoretically it has been shown that normalising prison environments results in fewer instances of resistance behaviours (e.g. escapes...
Fonte: Judicial Commission of New South Wales; http://www.judcom.nsw.gov.auPublicador: Judicial Commission of New South Wales; http://www.judcom.nsw.gov.au
Tipo: Journal article; Published VersionFormato: 4 pages
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For six years, the author was a special commissioner on the Law Reform Commission of Western Australia Inquiry into the recognition of Aboriginal law and culture. The following article reports on some of the Commission's key findings and recommendations in relation to customary law and sentencing Indigenous offenders
Aboriginal people are over represented in prison in Australia, being 13 times more
likely to be incarcerated than non-Indigenous people. Repeat offenders make up a
high proportion of the Aboriginal prison population, yet most repeat offenders
eventually cease offending or desist from crime. Why do they stop? The process of
desistance is complex, non-linear and varies between individuals. North American
and British studies report the role of structure and, more latterly, cognition and
agency in desistance and re-formation of offender identities. Few of these studies
examine the context, particularly the cultural context, of desisters and desistance. This thesis uses anthropological and ethnographic approaches to present and
analyse the life narratives of Aboriginal men from north-western New South
Wales who have been repeat offenders and are now ‘going good’ (i.e. have ceased
offending). Concepts of agency (and its temporal orientations), cultural schemas
and figured worlds are applied. The stories of the early lives of participants and the
views of community members paint the backdrop of offence, desistance, identity
formation and re-formation. The agentic role of the motivating cultural schemas of
fatherhood, life partnership...
Law and the culture of law find their
expression in the many facets of the law's
institutions. One of the most visible of these is the
architecture of the places in which the legal process is
enacted. Through architecture it is possible to communicate
widely variant cultural perspectives on the rule of law. In
contemporary Australia, an advanced and successful
democracy, Aboriginal families continue to experience
grossly disproportionate incarceration rates in the justice
and correctional institutional systems, often in
demonstrably inappropriate environments. Most commentators
agree that a significant contributing factor to
overrepresentation in these institutions is the high degree
of cultural loss that Aboriginal Australia has suffered, and
continues to suffer. This paper argues that part of the
solution lies in an acknowledgment of and engagement with
Aboriginal culture where it persists as an evident and
potentially viable feature of Aboriginal communities.
Anthropologists, sociologists, Aboriginal advocates and
linguists have furnished tools necessary to implement a
culturally literate understanding in the endeavors of law
This was a qualitative research study involving Aboriginal offenders at a Federal institution in the Ontario Region. The purpose of this study was to illuminate the Aboriginal offenders‘ perspectives on their experiences that led to their incarceration. The major research questions guiding this study include:
1. What experiences do Aboriginal offenders feel contributed to their incarceration?
2. What do Aboriginal offenders feel could have prevented their incarceration?
3. How do Aboriginal offenders describe their experiences with the Residential School and child welfare systems?
4. What are the Aboriginal offenders' perspectives on their experiences with CSC‘s healing and intervention programs?
One of the goals of this study was to provide information to CSC to improve the reintegration programs and help Aboriginal offenders become law abiding citizens. The data was collected from individual interviews, which was analyzed in detail to develop themes.
The analyses sought for stories that captured the depth of the experiences that led to the Aboriginal offenders‘ incarcerations.
This study provided the personal perspective of the offenders as to how the Residential School and child welfare system have impacted their lives, and offers some insight into the over-representation of Aboriginal offenders in the prison system. This study also demonstrated how the socio-economic situation of these Aboriginal offenders played a role in their path towards prison. It is important to capture the voices of the
Aboriginal offenders‘ experiences towards incarceration. Their stories offer ways to help other Aboriginal people.
We must have Aboriginal community members involved in the lives of Aboriginal youth to prevent them from getting into trouble...
This thesis argues that the honour of the Crown and the reconciliation agenda are engaged in the sentencing of Aboriginal offenders, given grossly disproportionate Aboriginal incarceration rates and their underlying causes, including socio-economic problems, community breakdown and cultural dislocation that arise at least partly from the history of Crown-Aboriginal interaction. Such an interpretation facilitates a new relationship between the Crown and Aboriginal peoples and will contribute to the rehabilitation of the rule of law. I address not only the underlying legal questions pertaining to the engagement of the honour of the Crown and the reconciliation agenda in sentencing Aboriginal offenders, but also interrogatories relating to the role of morality in the law and the rule of law for Aboriginal peoples in the sentencing context. Fundamentally, the honour of the Crown and reconciliation principles are interpreted and applied such that the sentencing of Aboriginal offenders can accommodate and attempt to ameliorate colonialist history. This distinctive history produces a legal requirement of reconciliation and honour-based governance if the rule of law is to be a reality for Aboriginal peoples in Canada.
Section 718.2(e) of the Criminal Code and Gladue analysis provide a vehicle for the courts to inject the honour of the Crown into the sentencing of Aboriginal offenders...