Lawmakers and criminal justice personnel are meant to be guarded against discriminatory laws, policies and practices and to guarantee equal and effective protection of the law to everyone. However, the sad reality is that discrimination does exist in our criminal justice system. This paper emphasises to show how certain groups in society such as the aboriginals or indigenous people have been discriminated against in some form or another by the police or by the criminal justice system itself.
Racism and discrimination for Aboriginal people is a very real existence. It exists in many various forms - overrepresentation, over-policing, and under-policing. It occurs in every aspect of life where one group has more authority than the other. The main area where inequality and discrimination is widely apparent in Australia is the relationship between the criminal justice system and Aboriginal people. An extensive explanation may be found in the obvious imbalance between the various groups in our society.
Looking at policing is important not only because it is the starting point for involvement in the justice system, but also because the police play an exceptionally prominent and pervasive role in the lives of Aboriginal people in the justice system. Aboriginal people are more likely than non-Aboriginal people to have interaction with the police for grave matters such as being the victim of a crime, a witness to a crime, or being arrested on suspicion of committing a crime.
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In Australia, this, the unthinkable to many Australians, is and has been the reality for millions of Indigenous Australians across the nation. And there is a simple name for it. Prejudice. ‘The White Girl’ by Tony Birch and ‘Shame’ by Kevin Gilbert both offer a harrowing insight into what prejudice looked before a modern-day Australia, and both are vital to look at then, now and moving forward. Racial prejudice is embedded in the tapestry of Australia's
The riots sparked fresh debate into the welfare of Aboriginal Australians and the response of the police to those living in the
This criminal code encourages sentencing judges to have recourse to a restorative approach to sentencing. Also, the enactment of s. 718.2 (e) is a definite direction by Parliament to pay particular attention to the circumstances of aboriginal offenders during the sentencing process because those circumstances are unique and different from those of non-Aboriginal offenders. Further, when sentencing Aboriginal offenders, courts must take judicial notice of such matters as the history of colonization, displacement, and residential schools. And they should look at how that history continues to translate into lower educational accomplishment, lower income, higher unemployment, higher rates of substance abuse, suicide, and, of course, higher levels of imprisonment of Aboriginal peoples. (Canadian Law, an Introduction 6th Edition: Neil Boyd 2015; page,
LAWS1052 Extended Case Note Assignment Bulsey & Anor v State of Queensland [2015] QCA 187 (6 October 2015) (“Bulsey”) I. Introduction Bulsey represents the ongoing struggle of Indigenous Australians’ rights to be recognised and the importance of preventing arbitrary use of power. It highlights the potential for police to abuse their powers of arrest and emphasises that this concern is especially significant for Aborigines. Further, Bulsey deliberates intentional torts and in particular, personal injury damages and aggravated damages.
There are many theories that could provide an expatiation to overrepresentation of Aboriginal people in justice system. First is the culture clash theory that was purposed by the Royal Commission on Aboriginal Peoples (RCAP) (1996), this theory suggests that the overrepresentation occurs when Aboriginal people’s value does not fit to justice system, due to the fact that Aboriginal people concept of justice is different than Euro-Canadian concept. An example of culture clash theory that contributes in overrepresentation of Aboriginal people is a result of non-Aboriginal people understanding the cultural norms of an Aboriginal community. An example of differences in Aboriginal community and non-Aboriginal community is that for Aboriginal
After reading the Chapter 5 and 6 it is evident that racism is present throughout the court system. Although the racism is generally paired with law enforcement, the court system has a major issue as well; especially when looking at the jury selection process. When thinking about the court process the jury selection does not really become an issue or brought to the public's attention unless it is a major case. The U.S. Supreme Court has also stated the jury is "an inestimable safeguard against the corrupt or overzealous prosecutor and against the compliant, biased, or eccentric judge" (Pp. 255.) The jury plays a vital role in the criminal justice system.
Although Aboriginal and Torres Strait Islander customary laws are shown to be harsh, even brutal at times, Australian law has changed to integrate this cultural heritage. Although uncommon, customary law has been applied in legal rulings, as seen in cases involving Aboriginal or Torres Strait Islander people (Colin Goodsell v Galarrwuy Yunupingu). Traditional punishments such as payback have also been recognised by some Australian courts (The Queen v Wilson Jagamara Walker).[1] Furthermore, in some cases defence lawyers have specifically asked for their clients to be released on bail to face punishment under customary law.
The intention of my research is to expose the racist tactics in the criminal justice system that have been camouflaged. I am prepared to explain how racism contributes to the vast number of incarcerated African Americans, and other minorities. The criminal justice system has created and perpetuated racial hierarchy in the United States, and has done so throughout history. I propose the question: Are minorities being targeted within the Criminal Justice System? African Americans are criminalized and targeted because of their skin color, and it is not fair.
But what about every other Australian? What about the Indigenous population and the multicultural population? Both of these groups which make up and help define who we are as Australians, so I ask you all this morning to consider why is it that we find these groups constantly being marginalised, discriminated against and not being offered equal opportunity? Ladies, gentlemen and prestigious guests, I would like to thank you for the opportunity to speak here
All in all, the question will remain, Is the criminal Justice system racist. No matter how many times humans ask themselves this question, the answer will not be clear. Depending on who they ask, the answer will always have a divide by color. The interaction between whites and blacks are at an all time high of the racial clash and there are still issues that are preventing both groups from blending together in society.
Indigenous people are incarcerated at much higher rates than non-Indigenous in Canada and are incarcerated for longer periods of time (Cook & Roesh, 2012, p.222). Canadians have put Indigenous communities through much heartache and pain. With the colonization of Indigenous people to residential schools, Canadians continue to stigmatize and treat Indigenous people poorly. Indigenous people are more likely to suffer from drug abuse using needles because of the intergenerational trauma suffered through their parents attending residential schools in Canada (Bombay, Matheson, & Anisman, 2014, p. 327). This puts them at a higher criminal risk than others because of what they have been subjected to.
Aboriginal women and domestic violence has a strong correlation. When comparing the extent and severity of violence against Aboriginal women and non-Aboriginal women there is evidence proving that the Aboriginal women have a great chance of facing domestic violence during the duration of their lifespan in comparison to the non-Aboriginal
Over these many years, many personal stories have come out about their experience being an Australian Aboriginal. Beulah Pickwick who is an Australian Aboriginal has shared her story (National). She has experienced a lot of prejudice over the years (National). Beulah grew up with an enjoyable childhood growing up by the Tweed River (National). Growing up she did not suffer much from racism besides some police harassment when was hanging out with her white friends (National).
For instance, a Queensland study on the ethnicity of young people moved on has found that Indigenous background represent the 37% of respondents, despite the fact that Indigenous youth only accounts for the 4% of Queensland youth population (Spooner 2000, 27). This over-representation may be resulted from the ‘moral panic’ framed in our society and ideal to govern the risk in our society. According to White (1999, 39), the greater surveillance and intervention of Indigenous young people in public places is due to their high levels of contact with the criminal justice system. The overrepresentation of indigenous people in the criminal justice system may cause their generalisation as a greater threat for public order compared to others in society, which may lead their representation as ‘moral panic’ and the increase in community’s anxiety of this group.
Australia is known as a country of freedom and fairness, however many groups such as youth, the unemployed, aged, and ethnic groups tend to become marginalised because of their minority status. Certain groups are marginalised because they are perceived as being different or undeserving of equality in society. This is called stereotyping and it leads to prejudice and discrimination. This essay explores three marginalised groups and discusses some of the reasons why they are marginalised and the effects on those within these groups. Exclusion from areas such as employment and other services and opportunities that other Australian 's take for granted, is a result of the marginality of indigenous Australian 's, woman, and those with