XXs Death in Custody - Assignment Example

XX’s death in custody Name: Institution: Date: Table of Contents Table of Contents 2 Biographical details of XX 3 Events leading to XX’s police and prison custody 4 RCIADIC explanations for XX’s pathway to offense with the law 5 Identification and analysis of five major factors that explain XX’s pathway to crime or conflict with the law 6 Social and policing control 6 Wujal Wujal Watchhouse 7 Alcohol 7 Housing 9 Lack of opportunities of employment 9 Reflection on analysis 10 References 12 Biographical details of XX On 23 August 1963, XX was born in a community called Wujal Wujal. His father Paddy Wallace operated as a stockman on several cattle properties within the region. Peter was XX’s brother and was six years older. XX accompanied his family to various cattle properties like Springvale, Lakeland and Koolburra because he was an infant. In the process, the family settled at Cooktown where XX’s father was employed as a slaughterman in the meatworks. At Cooktown, XX’s father started developing serious drinking issue that resulted to the family’s breakup. In 1977, XX’s father underwent surgery after developing a heart problem and returned to his family. Concerning XX’s education, he enrolled at Bloomfield State Schools to the seventh year. He commenced the eighth year at Concordia School. He also attended Hendra State High in Brisbane. He was quite upset but settled after some months. XX was involved in some fights at school regarding insulting comments from white boys at school. He attended school averagely. His scholastic attainment was a pass. He was a member of the Norths Junior Rugby League team. He continued his studies in secondary school in southeast Queensland. On employment, XX went back to North Queensland and acquired employment as a stockman at cattle station named Lakeland. Occasionally, he worked at Ten Mile cattle property within the area of Wujal Wujal for an Ayton grazier called Bob Harlow who described XX as an appropriate horseman. In terms of health, XX was happy with good bodily health. Medical accounts revealed that XX did not have any critical illness or problem, although, autopsy results indicated that his liver was affected due to excessive indulgence in alcohol. His mother stated that XX was introduced to drinking alcohol following the passing away of his father when he was only 16 years. Court records on XX’s contact with the system of criminal justice reveal that XX had been found guilty on some occasions within Wujal Wujal indigenous court of minor criminals linked with liquor possession or consumption. Events leading to XX’s police and prison custody Upon reaching home after coming from drinking joint, XX tried to wake up his brother while making noise by banging the window and shouting on him. His mother stated that XX said that Peter did not like him and did not want to drink with him as well. XX went to their mother’s room and acquired cigarettes and matches. His mother tried to calm him with no success. XX then went out shouting how he would put the mower which was Wujal Wujal indigenous council’s property on fire if his brother does not take any notice of his. Merilyn Wallace woke up Sergeant Burns and urged him to get an indigenous policeman Horace Friday to get XX arrested. Burns tried to tell XX to go home although he ignored him. Peter came over and a fight occurred involving the two brothers. In the process of the fight, Constables Horace Friday who was the indigenous police on duty on that evening was driving home in the company of James Friday his cousin-brother. Peter told them to arrest XX and lock him up. Mary Wallace stated that XX was trying to put the lawnmower on fire. In the process of getting XX into the cage, they engaged into another fight with his brother. At this moment, Burns saw that XX had socks, however, later he was not able to recall if they were similar as those he was found hanging. Evidence indicated that Friday did not punch XX while he was put in the police van. As XX was being taken to police custody, a fight broke out between Marily and Mary. XX saw the fight from the place he was and got upset. Peter took sides with his wife and got annoyed that he hit his mother. Therefore this context illustrates factors that led to XX’s pathway of crime which are social and policing control, Wujal Wujal watchhouse, alcohol, housing, and lack of employment opportunities. RCIADIC explanations for XX’s pathway to offense with the law The Commissioner stated that XX was drunk and was making a trouble of himself hence he was taken to police custody. He also stated that XX’s death was self-imposed. The Commissioner said that there are various factors that contributed to aboriginal people indulgence in crime. For instance, acute stress experienced by indigenous people in Wujal Wujal. The Commissioner connected XX’s death to lifestyle, relationships and values of the aboriginal people. In his report, the Commissioner said that he was told of the despair feelings and hopelessness being faced by aboriginal people, hence increasing their chance of crime involvement. Unless the underlying factors are considered, familial and social disruption will go on (Kathleen, 2006). The report indicates that Wujal Wujal people have experienced a social order breakdown and a corrosion of traditional authority outline. Traditional connections are strong and have resulted to shortage of land and inaccessibility to established estates creating conflicts among the groups. Another comment made by the Commissioner in his report is that a compound, confused and unproductive administration, had insufficient resources for successful operation. For instance, the terrible prison-like environment of the watchhouse, coupled with lack of supervision, contributed directly to the death of XX. In the Commissioner’s report, Pastor Rosendale argued that XX was dead prior to his hanging. Identification and analysis of five major factors that explain XX’s pathway to crime or conflict with the law Graycar, et al. (2002), states that aboriginal people are over-represented in the criminal system. There are various underlying issues associated with aboriginal people engagement on crime or conflict with the law. Regardless of how effective the law is, solving some major underlying factors that make people conflict with the law is very fundamental (Homel, et al, 1999). This is because people, especially within the indigenous community have a lot of social challenges that easily make them conflict with the law. In relation to this, the following are some of the factors that explain XX’s pathway to crime to the law. Social and policing control XX’s case emphasizes the appalling lack of coaching and instruction that the indigenous police receive who are responsible for violent disputes settlement, for judgments relating to the methods of tackling conflict and for the welfare and supervision of criminals put in custody. The community of Wujal Wujal is not exceptional given that it suffers from crucial lawlessness outbreaks, nearly all of which relate to compound social stresses. From the report, it is indicated that during the hearing time, the senior indigenous police official was an inexperienced young person from the community and, by itself, was himself hindered in the implementation of his responsibilities as police sergeant due to cultural directions controlling relations with close family. According to Cunneen, et al, (2009), effective policing and social control can have positive effect in reducing crime among aboriginal people. Maybe the needs of policing on indigenous communities like Wujal Wujal could be enhanced by a number of integration of especially experienced European and indigenous police under one authority of administration. The founding detoxification sections and rehabilitation regions in every community, even the small ones and reasonably isolated, need to be given critical consideration, otherwise people commit crimes like suicide due to isolation (Brady, 1992). Wujal Wujal Watchhouse The report has described the watchhouse as having appalling condition. Lives in the coming years might be saved if a more civilized, hygienic and lock-up facility that is safe is improved. If the aboriginal people have detention centers where people trying to handle stressful situations and occurrences go to, might be very helpful. The social separation resulting from watch house lock-up, especially when drunk, facilitates hopelessness and depression to emerge in a setting where the defensive actions and support of family is not seen. Some observations regarding extra research into fundamental causes were made by Dr. Anderson. For instance, gaol causes the critical in punishment which is social isolation. The pathetic situation in the watch house also contributed towards XX’s crime of suicide. Poor conditions in watch houses contribute to deaths in custody (Cunneen, 2008). Imprisonment may play a role of alternate process of initiation for young aboriginal males (Ogilvie & Van Zyl, 2001). Alcohol Alcohol features outstandingly in violence within the indigenous communities (Dicksson, 2007). Alcohol abuse is evidently amongst the serious issues experienced by the Wujal Wujal community and from the case, it was clearly a factor that contributed to XX’s death. The rate of access to cities and relations with whites has generally contributed to the increasing use of alcohol. In their hopelessness and idleness a lot of aboriginal people turn to alcohol abuse. Alcohol causes behaviors that are anti-social and definitely leads to the violence in the periods of conflict. For instance, XX indulged in violence because he was drunk. On the other hand, the repercussions of widespread abuse of alcohol for the physical and mental health, not excluding financial and material welfare of families, need to be recognized as well. It is indicated that alcohol contributed to the breaking up of XX’s family. Even though his family reunited, the connection between them was somewhat limited. Apart from triggering violence, alcohol causes health problems like liver damage which the autopsy results of XX’s revealed that his liver was damaged due to alcohol. The court records also indicated that he was engaged in crimes most of which related to alcohol. For the people living within a tense and demoralizing environment, intoxication is obviously a temporary comfort. In the long run it may be destructive. Responses need to go further than the mere alcoholism treatment and the appropriate provision of significant social health education, which is lacking currently, and address the fundamental issues of its augmenting hold in the community of Wujal Wujal. Alcohol influences the process of decision making by impairing judgment and decreasing inhibitions, facilitating a person to commit crime (Dicksson, 2007). Housing Other social issues like the housing standard and availability are pressing. They worsen the problems that are linked with the comparative closeness of various mobs and the extensive social claustrophobia feelings. Claustrophobia is the fear of being alone in a space that is enclosed. Living in overcrowded conditions increases tensions. Within the aboriginal community, accommodation shortage negatively affects the standard of living and health of people in various ways. It also brings about exceptional problems for couples who are young in that they are not able to develop a level of freedom by not living near their families. Homel, et al, (1999), argue that issues of poor housing should be addressed because it plays a role in crime involvement. Provided that town planning and house design together with traditional white lines might not be effective, wider consultation among everyone concerned and planning need to be a priority, guaranteeing future accommodation’s amenity and acceptability. Lack of opportunities of employment Although unemployment affects the entire community, it contributes greatly to the young men’s vulnerability. Dicksson (2007), argue that unemployment is among the major risk factors of crime involvement within the aboriginal people. A lot of young men experience a life of family and government agencies’ dependence, or as with XX, the viewpoint of leaving his family and community to look for outside opportunities of employment. During the working period of XX, he portrayed characteristics of a good and appropriate employee as is stated by Bob Harlow. There is less opportunities for helpful training, specifically in the essential area of management and administration within the Wujal Wujal community. Initiatives that provide skillful experiences should be implemented. Without initiatives like these, young men, specifically, will constantly find it hard to overcome worthlessness feelings. Reflection on analysis Regarding the analysis of the case concerning XX’s life and conflict with the law, it is clear that there are various factors that contribute towards conflict with the law. From the analysis above, it is good to address the fundamental causes of crime amongst the aboriginal young men. In the Commissioner’s report, it is stated that the community of Wujal Wujal go through a number of stresses contributing to the risks of crime activities. XX’s life and the law conflict align with the explanations given above regarding factors that contribute to aboriginal people committing crime. Alcohol is seen as a major factor that lead to crime activity among the aboriginal people. For instance, the cause of dispute between XX and his brother Peter was due to alcohol. Another consequence of XX’s drunkenness was the fight between his mother and Marily which later resulted to Peter hitting his mother out of anger. This is an apparent sign of how alcohol can cause disunity among families. Another underlying factor that indicates XX’s life and conflict with the law does not challenge the conventional clarification in the analysis is the issue of housing. Apparently, the poor standards of housing and overcrowding in an inadequate house bring about a lot of social problems. This is so because when relatives stay in an overcrowded house, the moral of respect tends to go down. This is seen in the case where XX had to stay with his cousin Florence just because their house was crowded. The negative effect of overcrowded house is seen when Marily fights with her mother in-law. This indicates a poor relation between them. An underlying factor that XX’s life and conflict with the law exemplifies from is social and policing control. Every community has laws to handle the natural disputes that come up (Dicksson, 2007). However, when untrained staff is put on duty, they may be able to handle such matters, hence leading to improper judgment. For instance, according to XX’s arrest, it was the duty of the police to try and resolve the conflict that took place between him and his brother. Failure to do this led to isolating XX in the watch house which hence resulted to suicide because of distress. Poor supervision and lack of skills within the police unit in Wujal Wujal community is manifested in the watch house making people to feel isolated and develop stress. In conclusion, in order to reduce the rate of crime in the Wujal Wujal aboriginal community, it is fundamental to address the underlying factors that lead to such actions. Through this, a lot of issues would be solved including mental health and physical health of aboriginal people. Additionally, implementation of social education centers where people who are stressed can visit may be very beneficial to the Wujal Wujal community. Proper training and employing skilled police officers not considering close relations may be beneficial as well so that social and policing control may be influenced negatively. Saying that XX was dead before hanging himself is very true since the various stressful situations that happen within the Wujal Wujal community brings about negative influence to people’s lives. References Brady, M. (1992). Heavy metal: The social meaning of petrol sniffing in Australia. Canberra: Aboriginal Studies Press. Cunneen, C. et al. (2009). Criminalization and policing in indigenous communities. Retrieved on 12 May, 2012, from http://aic.gov.au/library_content/catalogue.aspx?id=281412 Cunneen, C. (2008). Reflections on Criminal Justice Policy Since the Royal Commission into Aboriginal Deaths in Custody. Reflections: 40 Years on from the 1967 Referendum, Aboriginal Legal Rights Movement, Adelaide, no ISBN, pp 135-146. Dicksson, J. (2007). Aboriginal Communities and Crime Prevention. Confronting the Challenges of Organized Crime. Vol. 1, pp 89-110. Graycar, A., Grabosky, P. & Broadhurst, R. (2002). Crime and Indigenous People. Cambridge University Press. Homel, R. et al. (1999). Risk and Resilience: Crime and Violence Prevention in Aboriginal Communities. Retrieved on 12 May, 2012, from http://epublications.bond.edu.au/cgi/ Kathleen, D. (2006). Australian Human Rights Commission Report: Bringing them Home. Retrieved on 12 May, 2012, from http://www.hreoc.gov.au/social_justice/bth_report/report/ch25.html Ogilvie, E. & Van Zyl, A. (2001). Young Indigenous Males, Custody and the Rites of Passage. Australian Institute of Criminology. Retrieved on 12 May, 2012, from http://www.aic.gov.au/documents/E/0/3/%7BE0349D8E-591A-4FB6-ABA4- 81A5C0D72FE8%7Dti204.pdf Read More