Impacts of the Criminal Justice System on Indigenous Women - Term Paper Example

Name : xxxxxxxxxxx Institution : xxxxxxxxxxx Course : xxxxxxxxxxx Title : Impacts of the criminal Justice system on indigenous women Tutor : xxxxxxxxxxx 2010 Impacts of the criminal Justice system on indigenous women Introduction Women from indigenous communities in Australia and other parts of the world such as the Aboriginal community have over the course of time succumbed to tremendous discrimination and victimization in the criminal justice systems. This is evident through the high rates of over-representation of indigenous women in the criminal and justice systems. A study conducted by the Amnesty international in 1993 established that the present day criminal justice system has rendered indigenous women vulnerable to crime and its eventual outcomes. In addition, indigenous women have suffered as victims of crimes, they have succumbed to domestic violence, rape and racism among many other crime trends. The present day criminal and justice system has been accused on ignoring the plight of the indigenous women and as a result indigenous women and children have suffered unjustifiably in the hands of the criminal justice systems (Amnesty International 2005). This paper seeks to present a critical and comprehensive analysis of the impacts of the criminal Justice system on indigenous women. It will provide an incisive outlook on indigenous women versus the present day criminal and justice systems. It will analyze the plight of women as both perpetrators and victims of crime in the hands of criminal justice systems. The findings of this paper will be established through the review of relevant literatures and research studies. Therefore, this paper will depict the findings of various literatures and research studies subsequent to a critical review. Moreover, this paper will illustrate the impacts that the criminal justice systems have made in the lives of indigenous women and the indigenous culture in general. In addition, this paper will highlight the various ways of improving the experience of indigenous women in the hands of criminal justice systems. Indigenous women versus the criminal justice systems Indigenous women have unique history and experiences as far as their relationship with criminal justice systems are concerned. Several studies, reports and commissions have highlighted the negative impacts that policies in the criminal justice systems have on indigenous women. Key among these studies and reports have been conducted by the Amnesty International and non- governmental organizations in the field of criminal justice such as the Canadian and the Australian Human Rights Commissions. Some of these policies are geared towards actualizing assimilation and colonization, under some of these policies criminal and justice agencies conducted a number of actions that caused indigenous women to be disadvantages in the socio-economic spheres of life. The existing criminal and justice systems have perpetrated numerous actions that have devalued indigenous women (Amnesty International 2005). Basically, criminal justice systems exist to enforce laws and ensure that order and justice are maintained. Criminal justice systems constitute of various structures which carry out varied laws. Key among these structures are made up of police officers, prosecutors, defense attorneys and various court branches. Each structure of the criminal and justice system has contributed uniquely to the treatment of indigenous women and the skeptical perceptions on these women. As a result of severe marginalization in the various socio-economic sectors, indigenous women there have been an overrepresentation of indigenous women in the criminal and justice systems. Furthermore, as compared to other communities the incarceration rates of women from indigenous communities is high (Ipsos 2006). The rate of incarceration for Aboriginal women particularly in Canada is disturbing. Data from correctional services indicates that despite the fact Aboriginal women in Canada account for 3% of the total female population in Canada, they make up 29% of women in the various correctional facilities in Canada. Not only are indigenous women over represented disproportionately, their rate of overrepresentation in the federal prisons is growing fast. The number of indigenous women sentenced in federal prisons exceeds that of men from indigenous communities. For instance, from 1997 to 2002 the rate of federally sentenced indigenous women increased by 36.7% whereas that of indigenous men increased by 5.5%. (Amnesty International 2005). Many indigenous women who come into contact with criminal and justice systems are likely to get negative experiences. This is mainly because of factors such as the lack of council representation, lack of knowledge in regards to how the system works, cultural barrier, language barrier among many other factors. Furthermore, the number of indigenous women employed within the criminal systems is very minimal due to institutional discrimination at various levels. As a result the plight of indigenous women is misunderstood and not taken into account. Indigenous women who are law graduates face greater challenges as compared to women in other communities as they endeavor to become litigators. The few indigenous women who manage to secure various positions in the criminal justice systems experience little or no career advancements due to various institutional, systemic and attitudinal barriers that are against the representation of indigenous women at different levels in the criminal and justice systems. In a nut shell the experiences of indigenous women in the hands of the criminal Justice systems in Australia and other parts of the world is one that is characterized by discrimination , prejudice, stereotypic beliefs and mistreatments(McCold & Wachtel 2003). Indigenous women as victims of crime Over the years indigenous women have been typical victims of crime. Feminist theorists in the area of criminology have observed indigenous women are more likely to be victims of crime as compared to the non-indigenous women. For instance, Aboriginal women have succumbed to historical brutality and violence that is still apparent even today. This has in turn affected them physically, emotionally, spiritually and socially. According to a research study that was conducted by the amnesty international, indigenous women are three times more likely to be exposed to crimes involving physical assault, robbery, rape and domestic violence among many other crimes. Sadly, the plight of indigenous women who are victim of crime has been ignored by criminal justice systems. In most cases little or no action is taken to counter the actions of the crime perpetrators (Amnesty International 2004). Consequently, indigenous women experience profound social and financial impacts that come as result of being exposed to crime. The impacts of the high trends of crime that come as a result of the apathetic nature of the criminal justice systems towards the issues of indigenous women as victims of crime is indeed tremendous. For instance, as a result of the apathetic nature of criminal justice systems in fighting crimes perpetrated against indigenous women, these women have undergone emotional and physical damage. Indigenous women who have been victims of physical assault and rape are not only exposed to issues such HIV/ AIDS, STI’s or unwanted pregnancies they also suffer tremendous emotional damage that further leads to depression and suicidal triggers. In some cases indigenous women who are victims of crimes lose their matrimonial home. Some victims of crime have been left widowed or childless as a result of negligence on the part of the criminal and justice systems in regards to dealing with crimes revolving around indigenous women. Moreover, the apathetic nature of criminal justice systems in dealing with crimes perpetrated against indigenous women has caused indigenous women to lose their financial securities. Women who are victims of robbery are in some cases ripped off their fortune in other cases victims of physical violence may be rendered immobile or paralyzed thus they cannot go about their duties of earning a livelihood thus they lose out on their financial security(McCold & Wachtel 2003). Indigenous women as perpetrators of crime As compared to women from other communities, women from indigenous communities are more vulnerable to crimes. According to statistics from Canada and Australia, it is apparent that despite the fact indigenous women make up only an average of 4% of the overall women population in both Australia they are more prone to committing crimes. The participation of indigenous in criminal activities can be attributed to unemployment, lack of education, drug abuse and high levels of poverty.A striking revelation established that there is an overwhelming difference in regards to the rate of indigenous women and non –indigenous women who are put into custody due to the crimes that they have perpetrated. The rate of indigenous women put into custody on a daily basis is higher than that of women from other communities (Ipsos, 2006). The approaches that the current criminal justice system uses to counter the increasing trends of indigenous women involved in crimes can be termed as ineffective. In most cases the set criminal systems incorporate punitive measures rather than restorative measures. The punitive measures that criminal justice systems use to prevent indigenous women from reoffending may involve imprisonment, incarceration or even corporal punishment. These approaches do not focus on correcting the illegal conducts committed by these women rather it focuses on inflicting pain or punishing the offenders. Consequently, the goal of rehabilitating these women to law abiding citizens is not actualized. There are also allegations that indigenous women in prisons systems do not receive fair treatment as compared to their counterparts from other communities (Ipsos 2006). Literature Review Several theorists and authors in the field of criminal justice have explored issue in regards to the relationship of indigenous women and the criminal justice systems in Australia and around the world. These authors and theorist have vividly illustrated the impacts of the criminal Justice system on indigenous women. Key among these authors and theorists include, James Ptacek. James Ptacek in his book, “Restorative Justice and Violence against women” Ptacek (2008: 131) observes that the relationship between Indigenous women and the criminal justice system is one that is characterized by cynicism and fear. According to Ptacek the current criminal justice systems incorporates punitive measures and even violence when dealing with indigenous women who have offended. By comparing the ideals of the mainstream women’s liberation movement with the current plight of the indigenous women, it is apparent that there is a lack of equity between the treatments of indigenous women and the non- indigenous women (Ptacek, 2009). Indigenous women in Australia are among the marginalized groups of people who succumb to stereotype treatment. The racial criminalization of indigenous women can be attributed to their historical background in terms of the kind of life that they were subjected to by the colonial administration. According to the previous colonial legislations, the indigenous communities were regarded as a group of people who were not worthy of any form of fair treatment. Consequently, majority of indigenous women are denied the right to receive justice unlike women form other communities. Moreover, they are subjected to severe imprisonment. In reference to Wagner (2000, p7) over the course time, these stereotypic perceptions in regards to indigenous women in Australia, Canada and other parts of the world have been projected in the existing Australian systems such the criminal and justice systems (Wagner 2000). Indigenous communities in Australia and other parts of the world unlike other groups of people are regarded to be more vulnerable to certain crimes. This is stereotypic outlook can be ascribed to racialization and criminalization of certain crimes. Blue collar crimes such as aggravated burglary, drunkenness and disorder, drug and sexual offenses among many other crimes are commonly associated with people from indigenous communities. As a result these crimes are profoundly policed and punished. The profound policing and punishment on these kinds of crime shifts the much required focus and intervention from white collar crimes which normally exert a lot of economic costs as compare to blue collar crimes which are commonly associated with non-indigenous people. Over policing the minority while at the same time associating them with some crimes translates in to social stratification. Indigenous women being the minority and at the bottom of the social stratification ladder are thought to be the most prone to committing crimes such as petty thefts and spousal murder (Ipsos 2006). A research study conducted on two police forces within Australia revealed that most of the officials in criminal and justice systems have stereotypic perceptions towards women from indigenous communities. Consequently, they associate the Aborigines with particular crimes in the course of their criminal investigations and prosecution. The study also pointed out that police officers are quick to arrest and implicate indigenous women with crime even before they are proved to be guilty in the court room. The over policing of the indigenous community has translated in to the various kinds of treatment they receive from the criminal justice and their apparent overrepresentation in a number of carceral institutions (Wagner 2000). Current statistics have indicated that approximately ninety percent of the people admitted in carceral institutions are from indigenous communities. According to Tatum (1996), fifty percent of the female populations in these institutions are women from the indigenous communities who have been incarcerated in various provincial institutions with a similar twenty percent having been housed in several federal institutions. Apparently, the high rates incarcerations conducted on indigenous can be attributed to the certain inferiority, stereotype and stigma that indigenous women are known for in Australia, Canada and other parts of the world. In the perspectives of indigenous women, criminal justice systems regarded as a threat rather than a body that functions to protect them and defend their rights .Over the course of time, this type of out look has influenced the projected treatment and response between the current criminal justice systems and women from indigenous communities. A number of research studies have established that men from indigenous communities who happen to have committed crimes are as twice bound to be incarcerated unlike their Anglo-Saxon male counterparts. On the other hand, Aboriginal women are thought to be three times bound to be incarcerated unlike their Anglo-Saxon women counterparts (Tatum 1996). In reference to the perspective of Tatum (1996), it is apparent that the common defaulters in the society are women from the indigenous community aged between twenty two to about twenty nine years of age. Such women are in most cases single and unemployed with an education that is less than the twelfth grade and mostly resides in the rural area. It is clear that women from indigenous communities are more bound to be incarcerated than their non-indigenous counterparts. Tatum (1996) also established that indigenous women are more bound to be denied bail and submitted to detention (Tatum, 1996). The overrepresentation of indigenous women in provincial and federal prisons is an obvious indication of the failure of the Australian criminal and justice system towards the people from indigenous communities. The royal commission on Aboriginal people considers the Aboriginal overrepresentation as “Injustice personified”. The supreme courts in Canada regard this overrepresentation as a crisis in the Australian justice system. The colonial administration in Australia largely takes the blame for the existing stereotypes towards the Aborigines that have brought about criminalization and racialization. The colonial authorities allegedly set rules for the Aborigines in regard to their settlements, activity and movements. For example, as far as settlement is concerned they were settled and restricted in the unproductive rural reserves. The violation of these regulations was considered unlawful and perpetrators were out rightly punished. Majority of the Aborigines who attempted to leave these reserves to other regions were imprisoned. This type of treatment towards the Aboriginals brought about strong stereotypic perception towards indigenous people. Subsequently, this community was associated with poverty hence they hardly intermingle with the rich and affluent in the society. Consequently, majority of indigenous people are still afraid of their identity as they live in various parts of the world (Wagner 2000). Research Findings A report by the Manitoba Justice Inquiry in 1991 established that the overrepresentation of the indigenous women in the criminal justice system has deep social and historical roots. The Manitoba Justice Inquiry of 1991 also revealed the issues revolving around discrimination at various levels in the current criminal justice systems. The overrepresentation of indigenous women in criminal systems can be attributed to discrimination from policing to sentencing (Amnesty International 2005). In 2004, the Canadian Human Rights Commission (CHRC) established crucial facts in the report, “Protecting Their rights: A Systemic Review of Human Rights in Correctional Services for Federally Sentenced Women.” The report revealed that whereas some criminal justice systems have made some efforts in establishing a system specifically for women offenders, upholding systemic human rights still remains to be a problem especially when it comes to dealing with indigenous women. The various forms of discrimination in criminal and justice systems have played a great role in contributing to the growing numbers of indigenous women who undergo federal incarceration (Amnesty International 2005). The lack of suitable facilities near the localities whereby indigenous women who have offended live causes great challenges to indigenous women. Indigenous women are faced with the challenge of long-term geographic separation from their families, children and their community as a whole. In some instances, indigenous women are housed in psychiatric wards and federal prisons that are meant for men. This trend exposes women from indigenous communities to rape and physical assault. Moreover, this trend denies indigenous women the access to necessary programs and services such as health and recreational services. By housing indigenous women in federal prisons and psychiatric wards that belong to men criminal justice systems violate the global charter of rights and freedom (Tatum 1996). When it comes to indigenous women and girls in the criminal justice systems they are not only victims of sexual and violent crimes outside the system they are also victims of such crimes within the criminal and justice systems. Sometimes indigenous women and girls are victimized by individuals who hold power within the various criminal and justice systems. For instance, in Australia David William Ramsay, a former court judge abused his powers by soliciting sexual favors from girls between the ages 12 to 16 years, this girls appeared in court to him after been caught committing various petty offenses. The alleged Judge attained information on the personal backgrounds of these girls and took advantage of their deprived social, economic and ethnic status. In return of sexual favors the judge promised to give little or no sentences to these young women. In some instances these sexual acts turned to be violent causing physical harm to these women. This case is a clear example of the negative impacts that indigenous women within the criminal justice systems are subjected to (Brzozowski, Taylor-Butts &Johnson 2006). Socio-economic impacts of the criminal justice system on indigenous women The indigenous women have been discriminated against since time immemorial. The woman’s function before the introduction of the western mode of governance was visible. In the Aboriginal community for instance, the woman was regarded as the life source in child birth. She gathered and prepared food, built houses, took part in decision making, and was consulted about leading strategies for the community. She had the obligation of socio-educating the youngsters and also took part in dispute solving and attending religious rituals. Her part to play in society that was initially regarded as significant and was not tampered with. The criminal justice system has had great impact to the functions of the indigenous woman in the society. These systems have degraded the status of the indigenous woman in the society. For example, the incarceration and imprisonment of women degrades their social and cultural status (Lawrence 2007). Due to the discrimination and stereotypic attitudes conveyed by the criminal justice systems indigenous women are devalued in the cooperate world. Given the fact that indigenous women are frequently associated with crimes such as petty thefts. Potential employers may refuse to consider these women during employment recruitments as a result indigenous women are left unemployed. The lack of employment further heightens their chances of committing crimes or reoffending. Ways of improving the experiences of indigenous women in criminal justice systems Empowering indigenous women In order to improve the experiences of indigenous women in criminal justice systems, it is imperative to empower indigenous women. Indigenous women can be empowered by educating them on legal issue in regards to their rights and how criminal and justice systems function. By sensitizing indigenous women on their rights how criminal and justice systems work, they will be empowered to counter discrimination within criminal and justice systems. Moreover, the Australian government should not only educate indigenous women on legal issues, indigenous women should also be educated on other spheres of life such that they are holistically empowered (Lawrence 2007). It is also essential for the Australian government to enact policies and regulations that will ensure that indigenous women are not discriminated against. Enacting these policies will promote fair treatment and equity in the criminal justice systems. This will ensure that indigenous women are not discriminated against in the criminal justice systems. The experiences of indigenous women within criminal and justice systems may be improved by incorporating or employing indigenous women in the criminal and justice systems. This will help counter discrimination against indigenous women, it will also help to foster an in -depth understanding on the plight of indigenous women since they have a distinct cultural, social and historical background (Brzozowski, Taylor-Butts &Johnson 2006). So as to improve the experiences of indigenous women, in the criminal and justice systems, it is very for crucial the personnel in the criminal and justice to foster understanding on the plight of indigenous women. They need to erase the deeply embedded stereotypic outlook on indigenous women. They should acknowledge that all people should be treated equally regardless of their ethnic backgrounds, cultural or economic status. It is essential for personnel working in the criminal and justice systems to embrace and appreciate the indigenous culture. Employing restorative justice systems in dealing with offending indigenous women The model of restorative justice is a progressive and constructive model of responding to crime particular that of the indigenous women. The methods used in the restorative justice processes comprise of retributive and therapeutic models of justice. The main proponents of restorative justice processes include, community restorative conferencing, victim -offender mediation and restorative circles among many other proponents. These processes provide a platform whereby both the victims and offenders can actively participate in the process of justice and reconciliation. Evidently, restorative justice systems have proved to be effective in the enhancement of reconciliation and crime prevention. Furthermore, restorative justice processes empower the lives of ordinary indigenous women who have been affected by crime, these processes also repair and strengthen relationships between the indigenous women and criminal justice systems (McCold & Wachtel 2003). One of the main social problems in Australia lies in the over representation of the young indigenous people in the criminal and justice systems. The recent juvenile report shows that the number young indigenous people in detention facilities are 21 times more than the non-indigenous young women. Regardless of the fact that substantial efforts have been executed in order to minimize this over representation little has been achieved towards this regard. It is worth noting that when addressing crime issues the plight of the victims should not be neglected. In a bid to address the plight of the crime victims and combat the trends of crimes in this community a restorative justice agency is needed (Lawrence 2007). Given the fact that current methods incorporated in the criminal justice systems have proved to be ineffective as far as improving the experiences of indigenous women within the criminal and justice system a restorative model should be incorporated in order to rehabilitate offending indigenous women, restore them back into the society as law abiding citizens and to improve their relationships with the criminal justice systems. Restorative justice processes Restorative justice processes give a platform whereby involved parties can actively participate in the process of repairing the harm that was subjected to them with the help of professional facilitators. Each process is geared towards enabling the participants to explore the arising issues in a structured way. There are several restorative justice processes that are put into place to counter particular circumstances and needs that revolve around offending amongst indigenous women (Ptacek, 2009). Community restorative conferencing Community restorative conferencing involves a wider circle of participants. The conference integrates meeting structures between victims, offenders, their immediate families and friends. The aim of these conferences lies in exploring and finding options of dealing with consequence of crime and identifying ways that can be used to repair the harm subjected to the victims of crime. These conferences also provide victims and other affected parties the appropriate opportunity to confront the perpetrators, ask questions, express their feelings and give their opinions on the way forward. Alternatively, indigenous women who have offended get an opportunity to get first hand information on how their unacceptable behavior has affected people. Consequently, the offender may begin to mend the created harm by apologizing to the affected parties, transforming their behavior and agreeing to the proposed solutions such as community service or financial restitution. The conferences keep the offenders accountable while providing them with an opportunity of discarding the label of an offender thus integrating them into the community as law abiding citizens (PFI 2009). The participation of people in these conferences is voluntary. Offenders and victims agree to attend the conferences furthermore the facilitators of these conferences invite the families and close acquaintances of the victims and offenders. Nevertheless, in some cases the victims could be unwilling to have face to face encounters with the offenders. In such cases the facilitators of these conferences recommends to the victims that they should write a statement that will be used in the conference on their behalf. Alternatively, a surrogate victim could take the place of the unwilling victim (Johnstone & Van Ness 2007). The role of facilitators in restorative conferencing practices lies in empowering participation circle by striving to break off from the retributive patterns of justice. Facilitators play a significant role in laying the operating foundations of these conferences by accentuating that each participant should be viewed as a human being rather than being viewed as an offender or a victim. The typical composition of restorative conferences geared towards decision making consists of a small group of people who have been prepared through intense training. In the course of these conferences the group of decision makers discuss on the appropriate step that should be taken in regard to the opinions of both the victims and the offenders. When a consensus is reached both the victims and the offender are informed thereafter the board submits a report to the court (PFI 2009). Community restorative conferencing have proved to be inherently effective when it comes to reducing reoffending and empowering victims particularly indigenous women. This is mainly because these conferences focus on the specific needs of both the victims and the offenders. These conferences have support and accountability systems to ensure that the offenders recognize their mistakes and amend their behavior. However, these conferences are limited due to the fact that people involved come voluntarily and some can be unwilling to participate in this process thus limiting its aptitude (Mccalin 2005). Restorative circles Restorative circles are in most cases provided for offenders who have been subjected to imprisonment in order for them to be incorporated back into the society as law abiding citizens. Additionally, restorative circles offer a suitable base for victims to experience healing. Circles of support accountability and healing make up restorative circles. Circles of accountability, support and healing play a great role in empowering the victims and reducing the chances of reoffending. These restorative justice processes are highly recommended due to their evidence based practice that has demonstrated aptitude in enhancing safe integration of offenders in to the community and the empowerment of victims (PFI 2009). Generally, indigenous women who have offenders are judged too harshly by the community nevertheless in the circles of support and accountability they are viewed like human beings. Through positive support and accountability from trained facilitators in the field of counseling and criminal justice they are bound to reform their behaviors. Community-based support and accountability reduces the chances of the offender committing a similar offense. In the circles of healing victims undergo cognitive counseling that empowers and enables them to get through the harm that was subjected to them and live normal lives (McCold 1996). Conclusion Women from indigenous communities in Australia and other parts of the world such as the Aboriginal community have over the course of time succumbed to tremendous discrimination and victimization in the criminal justice systems. At the same time indigenous women have been typical victims of crime. Indigenous women are more likely to be victims of crime as compared to the non-indigenous women. For instance, Aboriginal women have succumbed to historical brutality and violence. According to a research study that was conducted by the amnesty international, indigenous women are three times more likely to be exposed to crimes involving physical assault, robbery, rape and domestic violence as compared to women from other communities (Wagner 2000). The relationship between Indigenous women and the criminal justice system is one that is characterized by cynicism and fear. It is apparent that there is a lack of equity between the treatments of indigenous women and the non- indigenous women. Indigenous women in Australia are among the marginalized groups of people who succumb to stereotype treatment. The racial criminalization of indigenous women can be attributed to their historical background in terms of the kind of life that they were subjected to by the colonial administration. According to the previous colonial legislations, the indigenous communities were regarded as a group of people who were not worthy of any form of fair treatment. Consequently, majority of indigenous women are denied the right to receive justice unlike women form other communities (Tatum 1996). Given the fact that the existing systems have proved to be ineffective when it comes to improving the experiences of indigenous women within the criminal justice systems it is necessary to empower indigenous women by educating them on their rights and how these systems work. Moreover, it is vital to incorporate a restorative justice model of dealing with crime. These processes provide a platform whereby both the victims and offenders can actively participate in the process of justice and reconciliation. Evidently, restorative justice systems have proved to be effective in the enhancement of reconciliation and the prevention of crimes (McCold & Wachtel 2003). Bibliography Amnesty International, 2004, Stolen Sisters: Discrimination and Violence against Indigenous Women in Canada. Amnesty International Press, Canada. Amnesty International, 2005, Researched to Death: B.C. Aboriginal Women and Violence. B.C. Women’s Hospital and Health Centre. Brzozowski, J, Taylor-Butts, A &Johnson, S, 2006, Victimization and Offending Among the Aboriginal Population in Canada, Canadian Centre for Justice Statistics, Ottawa. Ipsos, R, 2006, Aboriginal Women and Family Violence, Indian and Northern Affairs Canada, Ottawa. Johnstone, G, & Van Ness, D, 2007, Handbook of restorative justice, Willan Publishing, Devon. Lawrence, R, 2007, Research on strong Indigenous communities, Wills press, Sydney. Mccalin, W, 2005, The sentencing circle: seeds of a community healing process, Living justice press, St Paul. McCold, P, & Wachtel, T, 2003, In pursuit of paradigm: A theory of restorative justice. Retrieved May 14, 2010, from McCold, P, 1996, Restorative justice and the role of community, Criminal Justice Press, New York. Prison Fellowship International, Beyond crime and punishment, Retrieved on May 14, 2010 from Ptacek, J, 2009, Restorative Justice and Violence against Women, Oxford University Press, UK. Tatum, B,1996, ‘The colonial model as a theoretical explanation of crime and delinquency’, In A. Sutton (ed) African American perspectives on crime causation, criminal justice administration and crime prevention, Boston: Butterworths-Heinman, pp 33-52. Wagner, H, 2000, Colonialism and the science of race difference, Department of Sociology, University of Sydney, p 7-11 Read More

Some of these policies are geared towards actualizing assimilation and colonization, under some of these policies criminal and justice agencies conducted a number of actions that caused indigenous women to be disadvantages in the socio-economic spheres of life. The existing criminal and justice systems have perpetrated numerous actions that have devalued indigenous women (Amnesty International 2005). Basically, criminal justice systems exist to enforce laws and ensure that order and justice are maintained.

Criminal justice systems constitute of various structures which carry out varied laws. Key among these structures are made up of police officers, prosecutors, defense attorneys and various court branches. Each structure of the criminal and justice system has contributed uniquely to the treatment of indigenous women and the skeptical perceptions on these women. As a result of severe marginalization in the various socio-economic sectors, indigenous women there have been an overrepresentation of indigenous women in the criminal and justice systems.

Furthermore, as compared to other communities the incarceration rates of women from indigenous communities is high (Ipsos 2006). The rate of incarceration for Aboriginal women particularly in Canada is disturbing. Data from correctional services indicates that despite the fact Aboriginal women in Canada account for 3% of the total female population in Canada, they make up 29% of women in the various correctional facilities in Canada. Not only are indigenous women over represented disproportionately, their rate of overrepresentation in the federal prisons is growing fast.

The number of indigenous women sentenced in federal prisons exceeds that of men from indigenous communities. For instance, from 1997 to 2002 the rate of federally sentenced indigenous women increased by 36.7% whereas that of indigenous men increased by 5.5%. (Amnesty International 2005). Many indigenous women who come into contact with criminal and justice systems are likely to get negative experiences. This is mainly because of factors such as the lack of council representation, lack of knowledge in regards to how the system works, cultural barrier, language barrier among many other factors.

Furthermore, the number of indigenous women employed within the criminal systems is very minimal due to institutional discrimination at various levels. As a result the plight of indigenous women is misunderstood and not taken into account. Indigenous women who are law graduates face greater challenges as compared to women in other communities as they endeavor to become litigators. The few indigenous women who manage to secure various positions in the criminal justice systems experience little or no career advancements due to various institutional, systemic and attitudinal barriers that are against the representation of indigenous women at different levels in the criminal and justice systems.

In a nut shell the experiences of indigenous women in the hands of the criminal Justice systems in Australia and other parts of the world is one that is characterized by discrimination , prejudice, stereotypic beliefs and mistreatments(McCold & Wachtel 2003). Indigenous women as victims of crime Over the years indigenous women have been typical victims of crime. Feminist theorists in the area of criminology have observed indigenous women are more likely to be victims of crime as compared to the non-indigenous women.

For instance, Aboriginal women have succumbed to historical brutality and violence that is still apparent even today. This has in turn affected them physically, emotionally, spiritually and socially. According to a research study that was conducted by the amnesty international, indigenous women are three times more likely to be exposed to crimes involving physical assault, robbery, rape and domestic violence among many other crimes. Sadly, the plight of indigenous women who are victim of crime has been ignored by criminal justice systems.

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