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Crime and socioeconomics
Racial inequalities in the criminal justice system
Racial inequalities in the criminal justice system
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The relationship between Indigenous Australians and the law is an issue of widespread concern. For years, indisputably Indigenous Australians have been well over-represented within the criminal justice system, more than any other social group as both offenders and victims. Despite accounting for less than three per cent (3%) of the overall population of Australia, Indigenous Australians make up forty per cent (40%) of those imprisoned (Australian Institute of Criminology. (2015). pp.1). Data on police litigation against offenders demonstrated that Indigenous Australians are approximately fourteen times more likely to be incarcerated than non-Indigenous people, with Indigenous Australians offending at a significantly higher rate of 1 in 10 (The …show more content…
et. Al. (2006). pp. 527). Individuals engage in crime and deviant activities due to feelings of deprivation in relation to those more affluent than themselves. If individuals “[are] lacking the opportunities to increase their affluence… through paid employment and access to illegitimate opportunities” they partake in criminal activities to reduce this deprivation (Brown, F. H. (2014). pp. 1). According to Skinner (2011), some theorists argue that relative deprivation within racial or ethnic groups will increase crime whereas comparatively, others assert that inequality between these groups will increase crime. The theory of relative deprivation is effective when used to understand the overrepresentation of Indigenous Australians in the criminal justice system. “Street crime, including burglary, shoplifting and street robbery are those which come most readily to mind when considering relative deprivation” (Brown, F. (2014). pp. 27). Relative deprivation is caused when Indigenous citizens are “socialised according to the culture of mainstream society, but are simultaneously denied to opportunities to obtain social equality” (Skinner, V. (2011). pp. 84) such as employment for instance. In 2010, the overall Indigenous unemployment rate was 18%, 3 times the non-Indigenous rate (Creative Spirits. (2015). pp. 1). Moreover, in 2011, the percentage of Indigenous related offenses involving theft comprised 81% of the total offenses (Australian Government. (2012). pp.139). As a result, these significantly high statistics provide insight into the clear correlation between the crimes associated with relative deprivation and the overrepresentation of Indigenous Australians in the criminal justice
In Race, Ethnicity, Crime, and Justice, Shaun Gabbidon explores the histories of Great Britain, the United States, Canada, Australia, and South Africa and their difficulties involving race, ethnicity, crime, and colonization. Gabbidon uses Tatum’s colonial model to explain the experiences of racial and ethnic minorities in these five selected countries and concludes that the colonial model suffices as the best criminological theory to understand the development of racial and criminal issues in these countries. Gabbidon then attributes minority oppression and overrepresentation in the criminal justice system to the colonial model and colonization in each of these countries. Gabbidon concludes that colonization had far-reaching effects on each
The idea that indigenous Australian communities are underprivileged and do not receive the same justice that the white community accrues is represented through Jay Swan and his interactions with the corrupt white police officers and the indigenous locals of the town. My empathetic response to the text as a whole was influenced directly by way the text constructs these ideas as well as my knowledge of the way indigenous Australians are represented in the mainstream media and the behaviour of the police force as an institution. These contextual factors and the way Sen has constructed ideas influenced me to empathise with the indigenous
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.
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
Aboriginal spirituality originally derives from the stories of the dreaming. The dreaming is the knowledge and a sense of belonging that the Aboriginals had of the beginning of life and the relationship to the land and sea (Australian Museum, 2011). The dreaming stories are passed on from one generation to the next orally. These stories teach the following generations how to behave towards the land and other people. The dreaming stories give them a sense of duty to protect the land and appreciate it because the dreamtime stories indicate that the spirits have not died but are still alive in different forms as animals or humans, therefore the ancestor’s power is still felt through the landforms (Clark, 1963), (Australian Governement, 2008)
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
In the featured novel “Crimes of colour: racialization and the criminal justice system in Canada” the authors, Wendy Chan and Kiran Mirchandani illustrate their view points of Canada`s Criminal Justice System and how race and crime are connected. The first chapter, “From Race and Crime to Racialization and Criminalization,” addresses the connection that ‘race’ in Canadian Criminal Law is not really defined but rather it is viewed as a ‘trait’ possessed by individuals and groups (12). The authors want to argue the shift from “race” to racialization and “crime” to “criminalization”. They want to focus on the process of race and “highlight the historical influences of colonization and conquest in shaping the ideological frameworks developed around categories of race” (12). This concept of racialization allows one to understand racial meanings and other social forces like political, economic, religious factors. Also defines groups that were not previously defined as ‘races’ are now are able to consider the various
African-Americans are the predominant race in prisons in the United States of America (Rushton). Aboriginals are the predominant race in prisons in Canada (Wortley). The majority of both of these nations are whites. Does this show that minorities commit criminal offences more than the majority population? There have been different theories t...
Since the time of federation the Aboriginal people have been fighting for their rights through protests, strikes and the notorious ‘day of mourning’. However, over the last century the Australian federal government has generated policies which manage and restrained that of the Aboriginal people’s rights, citizenships and general protection. The Australian government policy that has had the most significant impact on indigenous Australians is the assimilation policy. The reasons behind this include the influences that the stolen generation has had on the indigenous Australians, their relegated rights and their entitlement to vote and the impact that the policy has had on the indigenous people of Australia.
The Stolen Generation has left devastating impacts upon the Aboriginal culture and heritage, Australian history and the presence of equality experienced today. The ‘Stolen Generation’ refers to the children of Aboriginal descent being forcefully abducted by government officials of Australia and placed within institutions and catholic orphanages, being forced to assimilate into ‘white society’. These dehumanising acts placed these stolen children to experience desecration of culture, loss of identity and the extinction of their race. The destructive consequences that followed were effects of corruption including attempted suicide, depression and drug and alcohol abuse. The indigenous peoples affected by this have endured solitude for many years, this has only been expressed to the public recently and a proper apology has been issued, for the years of ignorance to the implementation of destruction of culture. The Stolen Generation has dramatically shaped Australian history and culture.
...saying through their actions to Aboriginal and Torres Strait Islander peoples, that causing the death of a human being wasn’t a crime. All of this happened because of a police officer’s discretionary decision, which further illustrates that discretionary decisions harm the interests of Aboriginal and Torres Strait Islander peoples. The last point that this essay raised was one that has been valid for over two hundred years. The attitudes of the state towards aboriginal people is reflected in discretionary decisions made by police officers and will continue to be the case until those in power stop trying to do the popular thing and start trying to do the right thing. When all of the evidence is weighed and considered, there can be little doubt that discretionary decisions made by police officers harm the interests of Aboriginal and Torres Strait islander peoples.
New Zealand has the second highest imprisonment rate in the Western world (101 East, 2013). With Māori being overrepresented in all spectrums of the criminal justice system. The institutional racism that is present in the justice system links to the isolation and disconnection that many Māori will feel in New Zealand society. Quince (2014) states that ‘nearly 200 years of dispossession and alienation as a result of the colonising process that undermined Maori epistemologies and methods of dealing with harm within the community,’ is what causes Māori to fall into this cycle of crime. Where there is no connection in modern New Zealand society with
Crime and criminalization are dependent on social inequality Social inequality there are four major forms of inequality, class gender race and age, all of which influence crime. In looking at social classes and relationship to crime, studies have shown that citizens of the lower class are more likely to commit crimes of property and violence than upper-class citizens: who generally commit political and economic crimes. In 2007 the National Crime Victimization Survey showed that families with an income of $15000 or less had a greater chance of being victimized; recalling that lower classes commit a majority of those crimes. We can conclude that crime generally happens within classes.