Aboriginal Imprisonment in WA and Australia - Research Paper Example

Aboriginal imprisonment in WA and Australia Name Institution Introduction Over the years, overrepresentation of Aboriginals in Australian prisons has proved to be problematic despite previous endorsements provide by the Royal Commission (RC) into Aboriginal deaths in prison. To investigate the current advancements in understanding of Aboriginal imprisonment, this paper argues that the increasing gap in knowledge about Aboriginals imprisonment has continued to present a significant challenge in addressing the current problem (Klein & Jones, 2016). This investigative essay will provide new information on the over-representation of the Aboriginal people in the Australian Justice System (AJS). Besides, this essay will also provide information on the offence profile as well as the penalties imposed on the Aboriginal (Connor, 2013). The findings of this investigation will prove that the over-representation of Aboriginals in the AJS are derived from the higher rates of appearance at the court. However, these rates are intensified at sentencing point, with the aboriginal criminals send to prison twice the rate of the non-aboriginals. The increasing violent nature of the Aboriginal sentences indicates the luck of understanding of the Aboriginal imprisonment in Western Australia and Australia. Background Information In their article, Baldry & Cunneen (2014) argued that the over-representation of Aboriginals in Australian prisons is a deep-rooted and complex problem for the AJS. The over-representation of Aboriginals does not only manifest itself in prisons, it also manifests itself in the early stages of the criminal justice systems such as police custody and arrest (Simpson, et al., 2015). The origins of these over-representation are likely stemming from the differential treatment of the Aboriginal as well as the nature of aboriginal offending. The chronic cultural, economic and social disadvantages faced by Aboriginals, as a result of the procedures of separation, colonization, and withdrawal of minors from these families could be another factor that could have led to the increasing over-representation in AJS. The highlighted origins of Aboriginal over-representation in the AJS are by all means dependent on each other, and thus operate in different levels. In all likelihood, the chronic disadvantages underlie much Aboriginal offending, thus contributing towards their unfair treatment at the hands of the AJS (Dennison, et al., 2014). Aboriginal differential treatment and offending behavior by the Australian police among other fundamentals of the AJS have significantly contributed to the over-representation at the various stages of AJS. Over-Representation of the Aboriginals According to a recently written article, the over-representation of the Aboriginals in Australian prisons has increasingly become a serious problem despite the recent recommendations provided by the RC set aside to probe Aboriginal Deaths while in custody (Shepherd, et al., 2014). The RC recommendations placed an emphasis on the need for reducing the current unbalanced levels of Aboriginals in custody, instead of directly preventing their deaths. The emphasis placed on the recommendations came from the commission’s conclusion that the Aboriginal’s custody deaths did not come as a result of their increased likelihood to die in prison, but their gross over-representation in prisons. Over the years, the over-representation of Aboriginals in the AJS has been recorded by researchers since the RC presented its conclusion and recommendations (Kiss & Solonec, 2014). Both Aboriginal as well as the total prison population has continued to increase since the recommendations were proposed. Despite the release of these recommendations, the general population of Aboriginal in Australian prisons have continued to increase at a faster rate thus leading to an increase in over-representation of Aboriginals in Australia (Degenhardt, et al., 2014). As shown in fig. 1, the rate at which Aboriginals are imprisoned is compared to the rate at which the general population is imprisoned. The Corrective Services, Australia, December Quarter 2015 report, released by the Australia Bureau of Statistics (ABS) established an increased representation of the Aboriginal communities in Australian prisons. According to the report, the average daily number of Aboriginal adult prisoners was 10,151. These statistics represented an increase of 7 percent or 668 prisoners from the previous year (2014) (Martin, W. (2015). Besides, the ABS also reported that the Aboriginal represented 27 percent of the total full-time adult prisoner population, thus accounting for an approximation of 2 percent of the total Australian population aged above 18 years. As established by the report, in December quarter 2015, three Australian states accounted for three quarters of the Aboriginal population: Western Australia (21 percent or 2,154 prisoners), Queensland (23 percent or 2,330 prisoners), and New South Wales (29 percent or 2,978 prisoners) (Spiranovic, et al., 2015). According to the ABS (2015) report, the national average daily Aboriginal imprisonment was roughly 2,300 prisoners per 100,000 Aboriginal population (Weatherburn, 2014). The report further stated that the highest rates of Aboriginal imprisonment were reported in Western Australia with about (3,686); Northern Territory (2,966); and lastly South Australia with (2,535). Between the 2015 quarters September and December, the largest increase of imprisonment rates was recorded in Western Australia, which increased by 87 per 100,000 aboriginal adults (Nettelbeck, 2014). As of December quarter 2015, the number of Aboriginal prisoners basing on the first day of the month was about 10,108 inmates, of which 28 percent (2,872 prisoners) were unsentenced and 71 percent (7,203 prisoners) were sentenced. The unsentenced Aboriginal inmates had increased by 22 percent from the December quarter (2014). Fig 1. A graph representation of the daily Aboriginal rate as of December 2013 to December 2015 Fig 2. A chart representation of Torres Strait Islander and Aboriginal imprisonment rate (a), By both states. December 2014 to September 2015 and December 2015 Lack of Understanding of Aboriginal Imprisonment The ever-increasing rates of over-representation of the Aboriginal communities in Australian prisons has for the longest time been at the center of discussion by policymakers, researchers, and all the relevant stakeholders in the Australian criminal justice system. In their article, Onnudottir, Possamai, Turner and Kennedy (2013) noted that most problems in the Australian criminal justice system have come as a result of the lack of understanding of Aboriginal imprisonment. With respect to this view, there is the need to note that while there is little understanding of Aboriginal imprisonment, most important issues that continue to affect the aboriginal community have remained unaddressed for decades (Nettelbeck, 2013). Whether he recent growth of Aboriginal imprisonment is caused by the ever-increasing number of Aboriginal people is not clear. Some of the recorded growth can be primarily attributed to the improved data collection on the status of the Australian prisons as well as the willingness of the Aboriginal people to be identified as indigenous community (Spiranovic, et al., 2015). . With respect to this view, there is the need to note that the extent to which the current growth can be attributed to the highlighted reasons cannot be determined easily. Irrespective of whether the current growth in aboriginal prison population is merely a notion of the better identification of the Aboriginals, there is the need to note that the levels of Aboriginal imprisonment in Australia has continued to grow since RC provided its recommendations (Robbins, J. (2015). 1. Inability of the Australian government to sensitize the relevant stakeholders and reluctance to implement relevant recommendations on the overrepresentation of Aboriginals in the Australian prisons: Inability of the Australian government to sensitize the relevant stakeholders and reluctance to implement the previously noted recommendations by the RC is a basis of little understanding of Aboriginal imprisonment. In their article, Herring, Spangaro, Lauw and McNamara (2013) noted the high levels of Aboriginal imprisonment in West Australia (WA) as well as most parts of Australia have continued primarily because the Australian government has continued to ignore the implementation of the RC and educating the justice system of the over-representation of the indigenous communities in Australian prisons. As a measure of reducing the current over-representation of indigenous communities in Australian prisons, Paquette, McEwan & Bryant (2013) argued that since there is still room to reduce the aboriginal imprisonment, the government could initiate effective implementation of the RC recommendations and adopt educative approaches. 2. Little or No Data: The lack of data is among the most significant reasons that could explain the lack of understanding of Aboriginal imprisonment. In their article, Broadhurst, Maller, Maller and Bouhours (2016) noted that despite the importance of reducing the current over-representation of the indigenous communities in Australian prison, there is the need to note that the extent to which these reductions can be reduced at the different stages of the Australian criminal justice is still unclear, primarily because of the lack of data collected with regards to the treatment of the indigenous offenders at the different stages of the AJS (Tubex, et al, 2015). In essence, most of the available data is based on individuals in custody and the imprisoned individuals. Up until this day there has been little data with regards to the arrest of Aboriginals. As a result of this factor, it has been difficult to have a good grasp on whether Aboriginal over-representation in Australian prisons has been a problem that has continued to escalate at the different staged of the AJS or it is a problem at only certain stages. The relevance of understanding this kind of information is that it will be effective in creating approaches that will reduce Aboriginal imprisonment. Aboriginal Over-representation in the Court System In their article, Haskins and Scrimgeour (2015) investigated the proportions and numbers of non-indigenous and indigenous people at successive stages of the Australian court systems. In their report, Cunneen and Baldry (2013) stated that the proportion at each stage were the proportions that the non-indigenous and indigenous people represented of the total number of people at each stage of the court system. It was established by the report that 19 percent of the f the aboriginals were sentenced, 11 percent of those who appeared in court, and 10 percent of the convicted individuals admitted to have come from the indigenous communities. As stated earlier in this report, indigenous communities represented 2 percent of the entire Australian population (Esposito, 2015). With respect to this view, there is the need to note that the Aboriginals have been over-represented by varying degrees at each stage in the Australian court system. Another apparent issue that concern the level over over-representation does not increase at every successive level. At the initial state, over-representation is apparent at the court appearance point, with 11 percent of aboriginals in court. The recorded 11 percent is at least 5 times higher than what could be expected in a relative size of the Aboriginal population. At the conviction stage, over-representation is apparent at the conviction, with 10 percent of aboriginals in court. The recorded 10 percent is at least 4 times higher than what could be expected in a relative size of the Aboriginal population. Lastly, At the sentencing stage, over-representation is apparent at the conviction, with 19 percent of aboriginals in court (Grant, 2014). The recorded 19 percent is at least 8 times higher than what could be expected in a relative size of the Aboriginal population. With respect to the highlighted issued, there is the need to not that, in general, aboriginal imprisonment in WA and Australia is increasingly know understood by the Australian court system. As noted by Wilson, Jones, and Gilles (2014), the uneven growth in Aboriginal representation is evident in the local courts that deal in a vast bulk (97 percent) of the total Australian criminal caseload. Aboriginals are over-represented in the high courts at each stage of the court system. As illustrated in table 3, the proportion of aboriginal offenders who progress to the next stage among the ingenious people who reached the previous stage. As established in the table below (fig. 3), these significant patterns help in establishing that having appeared in court, an Aboriginal is slightly less likely than his counterpart to be convicted (Tubex, 2014). Having been convicted, aboriginals are twice likely to be imprisoned. Fig 3. An illustration of the representation of non-indigenous and indigenous persons at each stage of the Australian court system Fig. 4. A figure illustrating the proportion of non-indigenous and indigenous persons progressing through each stage of the Australian court system As evident in the tables above, over-representation of the aboriginal communities is considered problematic both at the point of sentencing as well as entry point into the court system. At its face value, this notion could be the main point of leverage within the Australian court system for cutting down the over-representation of the aboriginals in Australian prisons (Grant, 2015). The result of the current lack of understanding of the Aboriginal imprisonment raises three set of questions: (1) Why do Aboriginals enter the Australian court system at a higher rate when compared to other Australian citizens, (2) Why upon conviction are Aboriginals sentences to imprisonment when compared to the rest of the Australian population? and (3) What is the available scope for using alternative sanctions among the Aboriginals? Penalties for Non-Indigenous and Indigenous Persons in the AJS To provide further knowledge on the current understanding of Aboriginal imprisonment, Payer, Taylor and Barnes (2015) investigated how penalties are landed down at the local courts in 2014. Murphy, E., & Fairfax, K. (2015) established that the majority of offenders, who were mostly Aboriginals received prison sentencing. These statistics can be used to confirm the increased over-representation of Aboriginals in the AJS. The report also established that among other most common forms of penalty handed down to Aboriginals were the use of non-custodial sanctions, which is quite extensive with limited use of periodic detention, home detention, as well as the community service orders. According to the results obtained from the study, the use of the non-custodial sanction had a significant variation between the indigenous and the non-indigenous offenders (see Fig. 5). The AJS used non-custodial sanctions less frequently with Aboriginals. Leeson, Smith and Rynne (2016). also noted a significant variation in the types of alternative penalties, which included recognizances, fines, among other types of penalties, which were likely handed down to the non-aboriginal offenders. Besides, as shown in Fig 6, the use of imprisonment was more prevalent in the higher courts when compared to the local courts. As one would expect, the higher courts deal with more serious and severe offences. As reported, Leeson, Smith and Rynne (2016) established a limited use of all types of penalties, where non-Aboriginals were more likely to receive periodic detention as a penalty (a factor that has led to an over-representation of Aboriginals in Australian prisons. Fig 5. A graph representation of penalty type by indigenous status in WA and Australian Local courts in 2014 Fig 6. A graph representation of penalty type by indigenous status in WA and Australian Higher courts in 2014 The Offence Profile for Convicted Non-Indigenous and Indigenous Persons To further advance the knowledge on the recent advancements in the understanding of Aboriginal imprisonment, it is also important to provide a discussion on the types of offences for which the non-indigenous and indigenous people are convicted in Australia. This knowledge will provide an understanding on whether these types of offences might have an impact on the greater likelihood of an imprisonment of an Aboriginal offender. In their research, Kapellas and Jamieson (2016) investigated offence profiles of non-indigenous and indigenous persons both at the local as well as the higher courts in Australia. As shown in Fig 7, the indigenous people were more probable to be imprisoned of crimes against the good order, against person, and to a reduced extend, offences against justice in the local courts. With respect to this view, there is the need to note that the good order offences are primarily the most offensive criminal behaviors. Justice offences were regarded as those offences that involved resisting of arrest and breaching of court orders. On the other hand, the non-indigenous offenders were less likely to be convicted of driving offences when compared to the indigenous offenders. In fig. 8, Broidy, et al. (2015) investigated high courts convictions in 2014. As established in the report, Aboriginals were more likely to be condemned of crimes against person, extortion/burglary, and to a reduced degree theft. For instance, coercion/robbery comprised of almost a third of the Aboriginal sentences. On the other hand, the non-aboriginal offenders were more likely to be convicted of drug crimes. The findings from Jeffries and Stenning (2014) study illustrate that, when compared to other communities, the Aboriginals were more likely to be sentenced of violent crimes as well as the offences against justice and good order. With respect to this views, there is the need to note the existence of differential treatment of Aboriginal and the rest of the population by the Australian criminal justice system. In essence, the use of discretion by the law enforcers, the differences in levels of policing activities and the use of discretion by the prosecuting agencies have a significant impact on the types of convictions (Weatherburn, 2014). Whatever the primary factor for the violent conviction provide by the AJS to Aboriginals, these convictions are significant factors which greatly contribute to the higher imprisonment rates among the Aboriginals. Fig. 7 An illustration of the various classes of offences for which the Non-Indigenous and Indigenous Persons were convicted in 2014 in local courts in WA and Australia Fig. 8 An illustration of the various classes of offences for which the Non-Indigenous and Indigenous Persons were convicted in 2014 in higher courts in WA and Australia As this paper investigates the current understanding of Aboriginal imprisonment, it bridges the existing gap in knowledge with regards to the treatment of Aboriginal offenders in the AJS (Clarke, 2015). Basing on the fact that there have been a substantial and significant improvements on the range of available data from appearance, to conviction, to sentencing, there is the need to critically examine the sentencing as well as conviction stages in depth to understand the current understanding of Aboriginal imprisonment. Adopting this approach will help in providing a discussion on the scope of reducing the rates of Aboriginal sentencing (Grant & Paddick, 2014). Having an in-depth investigation on sentencing and conviction stages, while putting into consideration the offence profile will further provide detailed information on the current understanding of Aboriginal imprisonment. The results of this approach will be improved intervention at different points of the Australian criminal justice system. Conclusion To provide knowledge on the advancements in the understanding of Aboriginal imprisonment, this paper has established an over-representation of Aboriginals in the Australian court system is derived from their increased rate of appearance in courts. As noted, the over-representation of Aboriginals is further amplified during sentencing. 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