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Aboriginal justice systems
Aboriginal justice systems
Strengths and weaknesses of cultural competency
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Since its instigation, the Criminal Justice System (CJS) has had many difficulties and misunderstandings surrounding the culture and ethnicity of First Nation Australians. The Cross Cultural Model can be used to support and aid culturally and ethnically informed practice and improve current engagement with and response to First Nations people within the CJS. This can be illustrated through the six different stages of cultural competency, including, cultural destructiveness, cultural incapacity, cultural blindness, cultural pre-competence, cultural competence and cultural proficiency. Each of these stages explain the attitudes, policies and practices involved in becoming culturally competent. With the current issue of overrepresentation of First …show more content…
Firstly, cultural pre-competence is when an organisation is aware of its weaknesses around cultural competency, and attempts to improve its services to a specific culture group (Cross 2008). An example of cultural pre-competence is when an organisation hires various minority staff members for leadership positions (Cross 2008). However, in some cases, this level of competence can lead to tokenism, which is when an organisation only recruits different minority groups to give the appearance of equality within the organisation (Yoder 1991). Furthermore, cultural competence is when an organisation respects and accepts the differences of cultures and pays careful attention to the different needs required for them (Cross 2008). Organisations that are culturally competent tend to have a high level of cultural knowledge and provide a variety of services to meet the needs of different cultural groups (Cross 2008). Lastly, cultural proficiency is when an organisation continuously strives in developing culturally competent services by conducting various research methods (Cross 2008). This can include developing new therapeutic approaches to being culturally competent and publishing information on cultural competence for other organisations to adapt (Cross 2008). Adapted from Cross’s (1989) Cultural Competence Model, the fundamental idea of cultural competence is cultural awareness, cultural respect, cultural responsiveness, cultural safety and cross-cultural practice and care. This can allow organisations and individuals to understand roles of cultural differences, provide safe and welcoming environments to assist people of different cultures, commit to building respectful partnerships with First Nations people and minority groups, and to be able to provide specific services for different cultural groups (Cross
It would not be inconsistent with the principle of equality before the law that, where members of the Aboriginal race have special needs, those should be recognised by special rules laid down by the law. Further, the law is flexible enough to allow the courts to consider the special situation of an Aboriginal party where that is relevant. As the courts have recognised, the sentencing of Aboriginal offenders presents particular difficulties. Judges, in an attempt to do justice in discharging the difficult role of sentencing tribal and semi-tribal Aboriginal persons, have gone further. Clearly the ordinary criminal law is capable of facing these difficulties. It is neither necessary, nor desirable, to apply to the Aboriginal peoples the rules of their customary law rather than the general law. The attempt to uphold Aboriginal customary law is one aspect of the notion that the Aboriginal peoples will benefit if they continue to be treated as a class separate from the rest of the community, which must necessarily be a dependent and disadvantaged class.
LaPrairie, C. (1998). The new justice: Some implications for aboriginal communities. Canadian Journal of Criminology. 40 (1), 61-79.
The system in place is completely unsuitable and unhelpful for Native people and it shows just how indifferent Canada is to First Nations peoples’ well-being. Zimmerman explains in his article “Outcomes” that it is a well-known fact that Aboriginal people are overrepresented in the prison system (1992). There are so many reasons why this is so, and the majority of those reasons are because of the terrible way that Canada has interacted with them. They are isolated in their reserves, they are haunted by their residential school experiences, leading to alcoholism, domestic violence and neglect, and they face discrimination and a lack of social support from the government. Once an Aboriginal person finds themselves in the clutches of the prison system, the indifference begins. Canada’s criminal justice system is indifferent to an Aboriginal person’s cultural, spiritual, and individual needs that separate them from the average convicted person (Zimmerman, 1992). The criminal justice system ignores the unique idea of justice and restoration that First Nations peoples have, making it extremely irrelevant and unhelpful for them. First Nations peoples have linguistic and cultural barriers and a lack of counsel and understanding of the criminal processes and, therefore, have misguided rulings and inaccurate proceedings. Canada has not provided the cultural training and
During the late sixteen century, when the first fleet arrived to Australia and discovered the free settlers or known as Australian Indigenous inheritors (The Aborigines), the community of aboriginal inhabitants since then have experienced vast levels of discrimination and racism against their gender, race, colour and ethnicity. The term over representations refers to the presents of minority or disproportionate ethnic aboriginal groups represented in the criminal justice system (CJS). This essay will further explain the relationship between aboriginal communities and policing discussed in Blagg (2008) and Cunneen (2007, the three major sources of concern in association to aboriginal over representation in CJS which include; systematic bias,
The purpose of this paper is to examine why the justice system fails for First Nations persons and alternative rehabilitation methods used by Aboriginal people, comprised of Aboriginal people, for Aboriginal people, in hopes to rehabilitate offenders and prevent criminal behavior in the Aboriginal community from precontact to today. Through the attempts of Aboriginal people to take control of their own destiny’s in the ever going struggle to attain self-government I will examine the aims and structure of one of these alternative rehabilitation methods, the Sentencing Circle used today to address the need to return to community based “Restorative Justice Programs” in the Aboriginal community
This also becomes a challenge to correctional personnel since there is a prominent culture barrier between the inmate and staff. The correctional staff may also have their preconceived judgment towards Aboriginal women. Moreover, it is vital for the staff to understand and acknowledge the past of the Aboriginal women (Dell & Kilty, 2012). This creates challenge in corrections since Indigenous women have disparities with the rest of the prison population; with their unique circumstances, they should have programs tailored towards their reintegration (Dell & Kilty,
The gross over representation of indigenous people in the Australian criminal justice system (CJS) is so disturbingly evident that it is never the source of debate. Rather it is the starting point of discussions centring on the source and solutions to this prominent social, cultural and political issue. Discourse surrounds not only the economic and social disadvantage of indigenous communities, but also the systemic racism and continuing intergenerational trauma resulting for the unjust colonisation of a nation which has profited whites at the detriment to indigenous people throughout history. In respect to the currently CJS, trepidations are raised by indigenous communities around the lack of culturally diverse laws and punishments within the system. The overtly western system does not provide a viable space for indigenous
No community in Canada comes into conflict with criminal justice system officials more disproportionately than Aboriginals (Dickson-Gilmore, 2011, p.77). Indeed, Aboriginal Canadians are often subject to both overt and unintended discrimination from Canadian law enforcement due in large part to institutionalized reputations as chronic substance abusers who are incapable of reform (Dickson-Gilmore, 2011, p.77-78). One of the more startling contemporary examples of this is the case of Frank Paul; a Mi’kmaq Canadian who was left to die in a Vancouver alley by officers of the Vancouver Police Department after being denied refuge in a police “drunk tank”. Not surprisingly, this event garnered significant controversy and public outcry amongst Canada’s Aboriginal population who have long been subject to over-policing and persistent overrepresentation as offenders in the Canadian criminal justice system (Jiwani & Dickson-Gilmore, 2011, p.43 & 81).
Cultural Competence is important for many reasons. First, it can help develop culturally sensitive practices which can in turn help reduce barriers that affect treatment in health care settings. Second, it can help build understanding, which is critical in competence, in order wards knowing whom the person recognizes as a health care professional and whom they views as traditional healer, can aid the development of trust and improve the individual’s investment and participation in treatment. Third, our population in the United States is not only growing quickly but also changing, cultural competence will allow us as educators and healthcare workers keep up wi...
Cultural competence in health care provision refers to the capacity of health care systems to offer good care to patients and accommodate employees, who have diverse beliefs, behaviors, and values to meet their cultural, linguistic, and social needs. It comprises of policies, attitudes, and behaviors that integrate to form a system that can operate efficiently in cross cultural conditions. Healthcare organizations look at cultural competence from two major viewpoints. Firstly, it is a tool to enhance patient care from all backgrounds, social groups, languages, religions, and beliefs. Secondly, it is a tool that strategically attracts potential clients to their organizations and, hence, expands
Providing culturally competent care is a vital responsibility of a nurse’s role in healthcare. “Culturally competent care means conveying acceptance of the patient’s health beliefs while sharing information, encouraging self-efficiency, and strengthening the patients coping resources” (Giddens, 2013). Competence is achieved through and ongoing process of understanding another culture and learning to accept and respect the differences.
It is important to understand the cultural tradition carried out by Indigenous Australians because they are still practiced today. A strategy would be running workshops to get an education about policing directly from officers and youths sharing their cultural values and tradition (Grant, H 2015). This strategy provides police officers to learn about the Indigenous youth and their culture, while the youths build a positive relationship with police aiming to developing confidence and becoming a better role model in their community (Cunneen 2001). In regards to the case study if the ingenious children would have been involved in programs like this or had a better relationship with the police they would not have stolen the car or been shot (Cunneen 2001).
Cultural Competence is being able to engage in respectful and effective practice with diverse individuals, families, and communities, preserving their dignity and affirming their worth. A social worker should be aware of their clients’ cultural and environmental contexts, in order to know a client’s strengths, but cultural competence is never fully realized, achieved, or completed, but rather cultural competence is a lifelong process for social workers who will always encounter diverse clients and new situations in their practice. Social workers should have a knowledge base of their clients’ cultures and be able to demonstrate competence in the provision of services that are sensitive to clients’ cultures. Social workers should obtain education
Cultural competence for advanced practice nurses is defined as the willingness or the desire to understand another person’s culture, the ability to learn about a diverse cultural belief systems, and to work effectively as a healthcare professional understanding the dynamics of the patient’s culture as it relates to their relationships, care, and overall health. Awareness of one’s own culture, along with the understanding of other cultures, and how that relates to nursing care is essential to improve outcomes for patients (Kardong-Edgren et al., 2010). This paper will review a personal account of my cultural awareness and cultural beliefs. Cultural competence will be discussed as it relates to nursing theory and application
Though only 14.6 per cent of the New Zealand population is Maori, Maori constitute 50 per cent of all persons imprisoned (Department of Corrections, 2007). Thus, it is apparent that New Zealand’s Indigenous population is overrepresented in its criminal justice system. The causes of this disproportionately high rate of Maori incarceration stem from colonialism. To address this social injustice, New Zealand courts have attempted to recognise indigeneity in the sentencing of Maori offenders. However, the acceptance of indigeneity by courts has been superficial by incorporating elements of tikanga Maori into the Western legal system, rather than creating an autonomous system of justice for Maori.