The Aboriginals-Repeat Offenders - Research Paper Example

The Aboriginals-Repeat Offenders Name: Institution: Date: Introduction The Australian society is fundamentally categorised into two main social groups, namely the aboriginal and the white non-aboriginal societies respectively. In this case, the two group categories have varied perceptions and practices in the nation. As a result, this is mainly evidenced in the justice system. In this case, although the Australian government applies a uniform and non biased legal system for all the society members, the different groups are often charged for different offences and judicial reasons. Although this essay recognises that not only the aboriginal groups are jailed and sentenced in Australia, it recognises that in order to review the differences, it is imperative to differentiate between the two cultures (Ryan, 2015). Thus, it offers a critical analysis of the aboriginal offenders’ nature of repeat offences in Australia. According to the national statistics, the cases of repeat offences and imprisonment remain high among prisoners. In this case, an evaluation of 10 years since 1994-1997 cohort release established that 2 in every 5 of the released prisoners were re-imprisoned as indicated in the figure 1 below (Australian Bureau of Statistics, 2010). Figure 1: Re-imprisonment Rates (Australian Bureau of Statistics, 2010). In particular, the analysis offers a special focus on the common repeat offences that the aboriginal offenders are mainly held for; the key causes of such a trend in the society, as well as the resolution alternatives available for the different society members. Finally, the essay offers a summary of the findings and recommendations for the Australian government, the justice systems and personnel respectively. Common Offenses Violence As The Australian Bureau of Statistics (2013) reported, the offenders from the aboriginal society in both the northern territory and central Australian were characterised by violence. In this case, as Smallbone and Rallings (2013) enquiry noted, a majority of the offenses in the community were based on violence and violent deaths. In this case, most of the offenders were charged with either violence or murder in the judicial courts. An evaluation by The Australian Institute of Criminology (2015) established that as of 2013, the aboriginal society population, although representing a small population base, had over 12 twelve times more violence employees than other non-aboriginal communities. In addition, this could be further evidenced by the review advocated by the government and carried out by Sue Gordon. The report developer, was herself an aboriginal assimilated at her young age in the government initiative to assimilate the aboriginal children into the non-aboriginal way of life. In her report that consisted on an evaluation of the Australian justice system with respect to the aboriginal society group she revealed that the society was largely characterised by violence offences that resulted to deaths in the society. Therefore, based on the above analysis and review, this essay concludes that a majority of the offenders form the aboriginal community were mainly charged for violence and murder. Children Abuse The second pertinent offense among the aboriginal society is abuse against the children. In this case, most of the offenders are charged with offences such as child abuse and sexual abuse. Major media and government commissions of enquiry reports attributed the society with increase child abuse and sexual assault. One such scenario that caught the media and government attention was the sudden death of Susan in 1999 who was 15 years old. In this period, her body was found dead in a public toilet around the Nyungah region (Day, 2002). Her death enquiry led to the revelation that she had committed suicide. However, deeper evaluations revealed that she had been involved in sexual assaults cases, which led to possible depression and eventually suicide. In this case, as Brown and Asheville (2013) argued, it was revealed that the region and the community faced numerous sexual abuse and assault cases among the Children. Further, this analogy was evidenced by the establishment of the Mrs Gordon Commission in 2001. The commission, in its recommendations report reported that sexual assault cases among children were persistent among the children in the community, and as such developed intervention and resolution measures for the problem. Thus, the above analysis of the way of life and major occurrences of the aboriginal society leads to the conclusion that a majority of the common offences for the community offenders are violence and child and sexual abuse. In this case, the following section evaluates the reasons that could be the mitigating, stimulating and causative factors for the aboriginal crime offenders in Australia. Causes of the Offenses In order to understand the Australian aboriginal offenders, it is imperative to evaluate their background. In this case, an evaluation of the society background places the offenders and the respective crimes into context. As such, the evaluation of the society background analyses the underlying external factors, besides the offenders control that influence and propel of as such prevent commotion of different crimes. As Chainey and Ratcliffe (2013) argued, it is only through the understanding of a crime back drop, that lasting solutions and mitigation measures could be developed to create a just and fair justice and legal system. One of the pertinent influencing factors for the commission of crimes by the aboriginal offenders is the society culture. Cultural Factors Cultural analysis evidences that the aboriginal society had its own unique culture and system prior to the Britain influence and culture spread in Australia. On one hand, Berry (2014) argued that the society is mainly masculine. In this case, the masculine in the society have their way. In this case, although the women have a role to play in the society progression, the men in the society have a command over the women. In this case, as Frost (2014) argued, the society is favoured towards the male population. In this case, unlike the legal perception of equality in the nation that perceives all as equal before the law, the aboriginal culture advocates for male superiority. Therefore, e society members are at cross roads between their culture and the general justice system. Consequently, an evaluation of the violence and death cases in the society are mainly targeted at women. In particular, the most targeted by violence are those that are seen as outcasts and advocating for a culture change towards gender equality (Connell, 2012). Consequently, although functioning against the law, the offenders perceive their actions as culturally right to wards saving and securing their sacred cultural values. Towards this end, Corrado and Peters (2013) evaluated the remorseful nature of the offenders. In this case, the evaluation aimed at revealing the nature and extent to which the different offenders were remorseful and ready to change as a result of imprisonment over the years. In this case, the analysis revealed that sexual offenders among the aboriginal society were remorseful, especially child abuse offenders. However, an interesting finding was the low remorse nature of the violence offenders among the aboriginal society. In this case, the review established that besides their imprisonment and punishment, the offenders perceived their actions as right and justified based on their culture and beliefs. Therefore, according to these findings, Barker et al (2015) argued that for the aboriginal offenders, there was the likelihood for repeat offences in the future, as the cultural beliefs contradicted with the law. Lifestyle and Drug Abuse A second reason for the violence and children abuse offences among the aboriginal society is the lifestyle and drug abuse cases. On one hand, an economic analysis of the society reveals that it is less economical endowed as compared to the non-aboriginal community in Australia. As such, the less economic endowment leads to competition for the less resources available. Neille and Penn (2015) conducted a study evaluating the relationship between violence and scramble for less resources’ in the society. In this case, the author established that due to available resources availability, individuals tended to result to violence as a means of securing the minimal resources’. Therefore, based on this analysis, this review concludes that the high number of aboriginal members’ violence offenders could be occasioned by resources limitation in the market. In addition, an evaluation of drug use and alcohol abuse in the society revealed that the aboriginal society is increasingly affected (Mitchell et al, 2011). In this context, the society has largely been attributed with increased drug abuse especially among the youths and the middle aged population. His is mainly occasioned by low economic endowment among the society. As a result, the society youths’ have resulted to violence, sexual violence and abuse respectively. Therefore, based on this understanding, the analysis argues that drug abuse among the society youths are a major cause of violence and sexual abuse offences among the aboriginal offenders. Policies In addition, this review argues that the existing offenders’ management and rehabilitation policies among the aboriginal groups lead to increase offences on violence and sexual assaults. This could be cited back to Mrs. Gordon report. In her recommendations, she advocated for the adoption of intervention measures. In this case, she argued that the existing systems were insufficient to create a society change in the long run period. In this case, Abbs (2015) further argued that the lack of existing structures and systems to ensure there are no repeat offenses. The above analysis on the offender context, revels that although the commission of the different offences cannot be absolved under the law, there are many external influencing factors in the society. In this case, it reveals that although the perpetrators of such actions are offenders under the law, they are equally cultural and society victims. Thus the analysis establishes that although offenders under the law, a majority of the aboriginal offenders are also victims (Gutierrez, Wilson, Rugge & Bonta, 2013). Thus, based on this understanding, it is imperative that the Australian legislative and judicial systems should develop alternative systems to handle the aboriginal offenders as a means of reducing and eliminating repeat offences in the future. Thus, the following essay section evaluates the different measures through which the nation can reduce repeat offences among the aboriginal offenders. Resolution Alternatives In order to resolve the challenges of repeat offences and imprisonment in Australia, it is imperative that the government, society and interest groups work in unison. This section analysis offers a review of the different systems and approaches through which the challenge can be mitigated both in the short and long run periods respectively. Civic Education An evaluation of the main causes of repeat offences among aboriginal groups is the high rates of drug and alcohol abuse among the youths. Therefore, one of the strategic measures through which this challenge can be mitigated is through civic education. On one hand, the government, through the respective prisons should develop rehabilitation systems specific for the offenders. In this case, such programs should be geared towards influencing a change of character and behaviour among the offenders rather than punishing them in the society. In this case, this would result to an orientation perception in the society (Clairmont, 2013). As such, Hovane, Dalton and Smith (2014) argued that through rehabilitation systems it was possible to change the drug addicts to morally upright society members. Consequently, through such rehabilitation programs, this would ensure that upon the end of the imprisonment periods, the respective offenders have a complete character change as they venture back into the society. Thus, his would have a lasting effect in ensuring that the offenders are reformed and eventually do not participate in repeat offences in the society (Shepard, 2010). On the other hand, it is imperative that the government moves a step further in making use of the reformed offenders among the aboriginal youth society. In this case, once released back to the society as reformed persons, the government should initiate youth program and civic education systems through such members. Due to their interactions with peers in the society, as well as their experiences sharing, the ex-convict offenders have the opportunity of highly influencing other youths in the society. Consequently, this is bound to have the lasting effect on the society towards crime and violence reduction. Consequently, the government would not only achieve a reduced number of repeat offenders among the aboriginal society, but also significantly reduce the likelihood of first time offenders in the society (Beaver & Walsh, 2011)). The analysis argued that through using the aboriginal ex-convict offenders as critical policy and strategies stakeholders would reduce the overall repeat offenders in the society. Mandatory Sentences Elimination The second approach through which the essay recommends as a resolution measure is the elimination of mandatory sentences. In this case, currently, the judges in the Australian judicial system lack discretion in executing judgement for repeat mistakes and often recurrent crimes. As such, the standardisation of the repeat offences in the judicial system ignores the repeat offence context and circumstances (May, 2008). In this case, all the repeat offenders are subject to the same mandatory judgements. The development of this mandatory judgement system is based on the understanding for a balanced and non-biased justice system in the society. This approach ensures that the judges and the judicial system remain impartial to all the offenders and convicts. However the failure to consider context for repeat offences creates a leniency in the judicial system. Instead, this essay as Miller and Wright (2007) argued, recommends that the law should allow the judges should be allowed discretion. In this case, in the event that the repeat offence is established as accidental and unintentional, the legal system should allow for a lighter punishment system. The adoption of this approach will ensure that the legal system does not function to harden the repeat offenders who commit repeat offences by accidents. Consequently, this would eventually reduce the risk of adapting to a criminal and prison life for the offenders (Prenzler, 2012). On the other hand, the judges should have the discretion to offer hash and prolonged punishment for the intentional repeat offenders. In this case, the intentional repeat offenders pose a threat to the society, as they are poised to live a life of crime and potentially influence others in the society. As such, through passing relatively strict judgements on such repeat offenders would ensure their long term separation from the society and thus reduced instances of bad influence among the aboriginal youth group. This, the above analysis reveals that through reducing the risk of hardened criminalisation lifestyle for accidental aboriginal repeat offenders, and strict punishments for intentional repeat offenders, the Australian government will significantly reduce the risk of repeat aboriginal offenders in the society. Conclusion In summary, the essay offers a review of repeat aboriginal offenders in Australia. In this case, the essay evaluates the main causes of such repeat offenders behaviour and the alternative judicial and legal systems that the aboriginal repeat offenders could be reduced. In its analysis, the essay established that most of the repeat offenders were of violence and sexual abuse, aspects propagated by drug addiction, poor economic standards, and mismatching legal systems. Consequently, the essay established that in order to reduce the cases of aboriginal repeat offenders rates, the government should use rehabilitation and civic education programs steered by aboriginal reformed ex-convicts in the society. Moreover, it should allow for judicial discretion in punishing intentional and unintentional aboriginal repeat offenders in the society. References Abbs, P. (2015). Widening the gap: The gulf between policy rhetoric and implementation reality in addressing alcohol problems among Indigenous Australians. Drug and alcohol review, 34(5), 461-466. Australian Bureau of Statistics, (2010). Repeat Imprisonment. Retrieved From < http://www.abs.gov.au/AUSSTATS/abs@.nsf/Lookup/4102.0Main+Features10Mar+2010 > Australian Bureau of Statistics, (2013). Aboriginal and Torres Strait Islander Offenders. Retrieved From < http://www.abs.gov.au/ausstats/abs@.nsf/Lookup/4519.0main+features202012-13 > Australian Institute of Criminology, (2015). Indigenous Justice in Focus. 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