Over-Representation of Indigenous People in the Australian Criminal Justice System - Essay Example

Over-representation of indigenous people in Australian criminal justice system is well established, although the extent of over-representation varies between individual areas (Carcach and Grant, 1999, p. 6). Over-representation results when there are more members of a particular group apprehended in the criminal justice system than it would be expected in regard to their population percentage. The assumption behind over-representation is that, while all things are equal, the representation of groups in a criminal justice system should be roughly the same proportion to the representation of the group in general population (Walker, 1994). According to Johnston (1991), The Royal Commission that was established in 1987 investigated into Aboriginal deaths in custody and found out that there was gross over-representation of aboriginal people in the criminal justice system. In order to understand the issue of over-presentation, case studies on colonisation, segregation, policing in regard to police-Indigenous people relationship, and the reasons why they are apprehended in the criminal justice system are very essential. Thus, it is important to discuss the reasons for over-presentation as well as the appropriate recommendations for addressing these issues. In order to address this problem, we need to identify the major causes. The significant causal factors include colonialism and segregation. The fundamental issue in regard to historical relationship between aboriginal people and the police is that Australia was colonised by the British. Most importantly, this was done at the expense of the aboriginal people who were the original inhabitants. Before British came, the aboriginal people had spread throughout the continent, but the British extensively and systematically removed them from their land. As a result, they were denied recognition of political and social structures and legal rights to their land which were governing their lives. The issue of colonisation occurred as a long process of history for several decades (Mitchell, & Casey, 2007). British colonisation classified the aboriginal people as subjects but not citizens. As the subjects of the British, any resistance to the disruption of the British way of life and socialisation, as well as resistance to dispossession of their lands was regarded as a criminal activity. In addition, the police clearly defined as agents of the state. Due to lack of military conquest of Australia, the police were the main agents of dispossession of the lands of indigenous people with forced removals to new locations (Jennett, 1999). This made indigenous people feel inferior as compared to others. In regard to segregation, the progression of colonialism led to putting up of ‘protective’ legislation. Its aim was to ensure that the state responded to humanitarian lobbying who were concerned with the effects of colonialism on indigenous people and also to remove the ‘pests’ that attacked settlers. With time, the police were given the role of ‘protectors’ of aboriginal communities which included considerable supervision of the lives of indigenous people and it came also to remove children from their families (Rowley, 1972). Cunneen and Libesman (1995) adds that even the labour movement became racist where labour activities who had interests in taking up the cause of aboriginal workers were locked by law out of aboriginal reserves. Under the segregationist, protective legislation the police were asked to fulfil twelve functions. Among them are issuing rations to aborigines, making decision whether or not an aborigine was sick enough to seek medical attention, removing children from their parents to ‘training homes’ on the basis of being neglected or were 14 years of age, and patrolling unsupervised reverses. Based on colonisation and segregation practices, it is clear these practices placed the indigenous people as lower communities as compared to non-indigenous ones. This is because their laws are taken as inferior as compared to the European laws that came to replace them forcefully during the colonial period. As a result, the application of the European laws is identified as one of the main contributor to the increase in the indigenous people’s over-representation in the criminal justice system. In addition, most of their policies were meant to increase the degree of over-representation of the indigenous people. More importantly, based on the historical context, the police played a significant role in delivery of services to indigenous communities because they were responsible for the implementation of the government policy in the twentieth century. Policing in indigenous communities is a critical issue in regard to their over-representation in criminal justice system. The issue is the relationship between the police and the indigenous people in the historical context. According to Mitchell, M. and Casey (2007), the legal order that was enforced by the police was more of the colonial state law which led to exclusion of indigenous people, as well as seeking for their control. First, their subjection to paramilitary policing units was so out of what the non-indigenous people experienced. This even included groups such as native police and mounted police forces. Secondly, the policing mostly reflected military style operations that resembled a state of war, than the expected policing where there is a degree f social and political consensus. Presence of war-like operations of police influenced the creation of indigenous resistance which could appear to threaten the colony’s prosperity. It is important to note that policing was important for expansion of the British jurisdiction in Australia. Thirdly, policing was viewed within the legal ambiguity that surrounded the indigenous people’s position within the colonies. On one hand, they were British subjects and on the other hand, the law afforded them little protection. As Kercher (1995, pp. 7-9) explains the mass murder and summary executions of indigenous people by settlers and the police is a demonstration of how they were beyond the legal protection boundaries. In the characterisation of the colonial law, murdering indigenous people could be overlooked. Finally, use of violence and suspension of the rule of law against indigenous people was also legitimated based on racial constructions where they were seen as lesser and inferior human beings. This facilitated discriminatory intervention where legalised and institutionalised discrimination reached its peak. At this level, the police were granted excessive control over indigenous peoples’ lives. According to Johnston (1991), police were involved in prohibiting movement and enforcing work relations in controlling their daily lives, in policing particular social and moral standards, and removing their children in some parts in the continent. With such historical experiences, policing led to great distrust of the police by indigenous people. Such experiences have created attitudes that are difficult to be counteracted by programs on indigenous awareness or similar initiatives, thus making this problem more challenging. Over-policing made the police form attitudes that viewed indigenous people as being prone to criminal behaviour, violent and dangerous. This significantly contributed to over-representation. At the same time, they were also under-policed. This means that they were not only over-represented as accused persons in the criminal justice system, but also as victims. Furthermore, as the police saw them as less worthy victims, their request to be assisted are often downplayed or ignored. Just as over-policing created a great impact on the attitudes of aboriginal people towards the police, under-policing also plays a significant role in promotions of deep distrust of police. It is worth noting that under-policing and over-policing are just the two sides of the same coin that demonstrates over-representation. Such factors clearly demonstrate over-representation of indigenous people in the criminal justice system. With such demonstration of over-representation, it is important to understand why indigenous people are apprehended with the criminal justice system. Broadhurst (1999, p. 407) found out that the statistics in regard indigenous people and the criminal justice system was alarming. The results showed that the indigenous were more likely to be arrested 9.2 times, more likely to be imprisoned 6.2 times by lower courts, more likely to be imprisoned 23.7 times as an adult, and more likely to be imprisoned as juveniles 48 times than non-indigenous. According to Carcach and Grant (1999, p.6), while the composition of indigenous people was less than two percent of the total population in Australia, they represented around nineteen percent of the prison population. The results also indicated that young indigenous people were also over-represented in the system of criminal justice. Furthermore Jennet (1999, p. 15) found out that with the worrying rates of imprisonment for indigenous youths, the percentage of indigenous kids in detention will be increasing more than double within a decade. There are various reasons that lead to apprehending of indigenous people with the criminal justice system. First, the indigenous people, especially the youth are more visible within the community due to high rates of unemployment which is combined with criminal activities that are unsophisticated. This draws more attention from the police and public and is more associated to over-policing. According to Paxman (1993), in the early 90s, there was a substantial increase in the ration of police to indigenous communities. This implies that a criminal activity that involved indigenous people was more likely to be detected since more police were present looking out for any illegal activity in a congregation of indigenous people. Second, the attitude of the police officers in the areas where there is typical commitment of offences by indigenous people was another reason. For whatever reasons, indigenous people are usually disadvantaged based on discretionary decisions in regard to whether to divert the offender from the criminal justice system, whether to give a watch-house bail, or charge them through attendance notice as opposed to arrest. The police in this case attribute certain characteristics to offenders. These include social-economic background, dressing and speech among others and indigenous people are identified by being disadvantaged (Cunneen and Luke, 1995). In addition, for a young offender who has been diverted previously from the system of criminal justice through caution without a prior conviction, the person is likely to receive a penalty that is more lenient. However, young indigenous people have higher probability of being arrested based on their environment (previous criminal history, unemployment, or unstable family situation) (Walker, & McDonald, 1995). Thirdly, based on theoretical perspective, the society involves competing social groups with different access to same social rewards and life chances where the disadvantaged minority group (Indigenous people) suffers. The challenges they face lead to engagement in various activities such as disorderly behaviour and resist arrest among others (Beresford, Omaji, 1996). However, according to Crime and Misconduct Commission (2009), addressing these issues is done better at the grassroots through partnership and problem-solving policing. At this stage the police are trying to engage them in order to identify the crime problems and developing strategies through consensus in order to reduce cases of being apprehended. More importantly, for those already apprehended within the criminal justice system, there is progress on reforming colonial systems, refurbishing areas that lead to death and also setting up CCTV surveillance within the cells, that is, improving health and safety in the custody. Conclusion Over-exploitation of the indigenous people in Australia is a critical problem that needs great attention. Significant factors that have led to this problem include the historical context in regard to policing, colonialism and segregation. The reasons for apprehending these groups in criminal justice system are based on their social and economical background and their relationship with police and non-indigenous people which results in disorderly behaviours among other things. The strategies to strengthen the relationship between the indigenous people and the police, as well as the non-indigenous communities are very essential. In addition, reforming of colonial systems and improving the health and safety in the custody is also important in reducing deaths. However, it is clear that various strategies are employed but they have not been that effective based on high levels of over-representation. It is suggested that these issues can be resolved by ensuring that the principle of indigenous self-determination is a priority in all strategies that brining indigenous people into contact with the criminal justice system. This is more particular in addressing the aboriginal disadvantage which will be achieved through self-determination and empowerment. References Beresford, Q, & Omaji, P 1996, Rites of Passage: Aboriginal Youth, Crime and Justice, Fremantle Arts Centre Press: South Fremantle. Broadhurst, R 1997, “Aborigines and Crime in Australia”, in Tonry, M. (1997) Ethnicity, Crime, and Immigration: Comparative and Cross-National Perspectives, University of Chicago Press: Chicago Carcach, C, & Grant, A 1999, Trends and Issues in Crime and Criminal Justice Paper No 130 – Imprisonment in Australia : Trends in Prison Populations and Imprisonment Rates 1982 – 1988, Australian Institute of Criminology: Canberra. Crime and Misconduct Commission 2009, Restoring order Crime prevention, policing and local justice in Queensland’s Indigenous communities; Queensland Cunneen, C & Libesman, T 1995, Indigenous People and the Law, Butterworths: North Ryde Cunneen, C, & Luke, G 1995, “Discretionary Decisions in Juvenile Justice and the Criminalisation of Indigenous Young People”, Youth Studies Australia, vol. 14, No. 4, pp 38 – 46. Jennett, C 1999, Policing and Indigenous Peoples in Australia, History of Crime, Policing and Punishment Conference; Australian Institute of Criminology Johnston, E 1991, Royal Commission into Aboriginal Deaths in Custody – National Report – Overview and Recommendations. Canberra : Australian Government Publishing Service. Kercher, B, 1995, An Unruly Child, Allen and Unwin, St. Leonards Mitchell, M, & Casey, J 2007, Police Leadership and Management, Federation Press Rowley, CD1972, The Destruction of Aboriginal Society, Penguin, Ringwood, Victoria Walker, J 1994, “The Over-representation of Aboriginal and Torres Strait Islander People in Prison”, Criminology Australia, vol. 6, No. 1, pp 13 – 15. Walker, J, & McDonald, D 1995, The over-representation of indigenous people in custody in Australia, Trends & issues in crime and criminal justice no. 47 Read More