Discrimination in Imprisonment of Indigenous People in Australia

This article discusses the discrimination faced by the indigenous population of Australia in the criminal justice system. It highlights the disproportionate number of indigenous people in prisons, mistreatment, and racism faced by them. It also suggests measures to reduce discrimination.

Running head: CRIMINAL JUSTICE
CRIMINAL JUSTICE
Name of the Student
Name of the University
Author Note

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The indigenous populace of the nation of Australia are sentenced of criminalities and
wrongdoings and are confined at an inexplicably and bizarrely high rate in the nation of
Australia. The Australian Census in the year of 2016 provided that approximately 649,171
number of the indigenous populace, which includes the populace of the Torres Strait Island and
the Aborigine people of the country of Australia. The prison populace of such indigenous people
have amounted to an approximate percentage of 2.8 of the total populace of the nation.
According to the data provided by Australian Bureau of Statistics in the year of 2017, it is stated
that an approximate percentage of 28 of the populace of the Australian prisons, was in relation to
the indigenous people of the nation. The government of the nation of Australia and the local
populace consisting of the indigenous people have reacted to these inclinations with several
agendas and processes (Taylor and Guerin 2019).
There are individuals in the indigenous populace who suffer from disabilities. Such
individuals have been subjected to the sequence of incarceration and abuse. No proper
assistance were provided to such individuals. This resulted in the disproportionate number of the
indigenous populace in the penitentiaries of the nation of Australia. When there is such a huge
presence of the indigenous people in the prisons of the country of Australia, it generally gives
rise to the situation of mistreatment and racism. There is absenteeism of training programs for
the custodial staff in relation to the treatment of prisoners with any impairment or disability.
Hence, the disabled indigenous populace are treated in punitive rather than in a helpful manner
by the staff of the prisons. The lives of the indigenous people of the penitentiaries lingers to be
predominant with maltreatment and discrimination (Smirnov et. al. 2018).
The incarceration rate of the indigenous females in relation to the penitentiaries in the
nation of Australia was described as a national ignominy by June Oscar, the Social Justice

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Commissioner of the Aboriginal and the Torres Strait Islander. Commissioner Oscar elevated
apprehensions regarding the over-representation of the females belonging to the indigenous
community in the penitentiaries of the nation of Australia. It was mentioned by her that the
complete disaster of the system of incarceration in the nation have led to an inconsistent impact.
The indigenous populace have been suffering because of such failure and recently, specifically
the females of the indigenous community have been in distress because of it. It was mentioned
that the course of the imprisonment and confinement highlights the methodical disparity that is
experienced by the populace if the Aboriginal community and the Island of the Torres Strait. It
was noted that there was an approximate upsurge of at least a percentage of 77 in relation to the
women in the penitentiaries. It was accounted for that the females of indigenous background are
contributes to such increase. It was highlighted that in the year of 2017, the western part of the
nation of Australia saw the highest rate regarding imprisonment in relation to the individuals
belonging to the Island of the Torres Strait and the Aboriginal community (Jones and Guthrie
2016).
At every point and phase of the system of the criminal justice, the populace of the
indigenous community are represented excessively. The people from the indigenous community
are imprisoned or confined based on trivial offences in relation to the morality or public order.
The imprisonment of the individuals of the indigenous community are usually not for longer time
periods, instead, the imprisonment rates are high because how often such individuals are
confined behind bars. The fact that such confinement of the populace of the indigenous
community happens systematically points to the truth that the choices made by the society are
influenced by discrimination and racism. The police of the nation are responsible for surveillance
and they authority have the authority to confine any individual. The determination of the charges

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against an individual is done by the prosecutors. The defense lawyers are the ones who makes
the process legitimate. The conviction and the sentencing in such cases is performed by the
judicial officers; it includes passing an order for detention and captivity. Finally, the staff of the
penitentiaries are the ones accountable for taking care of the convicts in the penitentiaries.
Hence, if the above-mentioned people or the officials are responsible and yet there is a presence
of a series of discrimination and racism in the nation in relation to the incarceration of the
indigenous community, then it is very much evident that presence of such discrimination is in the
administration hierarchy as well. If the people involved in the justice system are the ones
promoting such discrimination then the future of the individuals belonging to the indigenous
community is in peril (MacGillivray, Clearinghouse and Baldry 2015).
The populace of the indigenous community, that is, the people of the Island of the Torres
Strait and the Aboriginal community to be specific, are being negatively affected. The
institutions of human rights and the investigators of such organizations have repeatedly
disparaged such discrimination against the individuals of the indigenous community. One such
organization is the Amnesty International. Another organization is the United Nations Special
Rapporteur on the Rights of Indigenous People (Cunneen 2018).
The proportion and the rate of the number of the children of the indigenous community
that are incarcerated by the detention centers, in the system of the juvenile justice, is intensely
disgraceful. Detention of such young people of the community has a devastating consequence on
the young populace of the nation and the families of such young populace. Such detention may
also affect the forthcoming generations in a negative manner.
Many scholars have tried to make sense of the excessive representation of the populace of
the indigenous community regarding their confinement and convictions by analyzing the actual

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scenario of their imprisonment. They have tried to constrict their deliberation on whether the
person who was imprisoned was actually guilty and blameworthy and justified to be penalized.
The system of the criminal justice is established on profuse perceptive, which usually scrutinizes
the blameworthiness of an individual in relation to a wrongdoing in a restricted context. A law is
created based on the culture of a particular community. The setting, outlook and the standpoint
of the legal structures of the various states in the nation of Australia provides a replication of the
Western conventional outlooks and usually tend to honor the locus of the settlers of the colonies
(Ryan et. al. 2018).
However, the profuse explanations of the individual accountability cannot provide a
proper explanation for the chauvinistic effect of the process of the criminal justice. Even when
the focus is on a particular individual and the permission is given to disregard the outline and
measure of discrimination, it cannot be denied that discrimination is occurring and there is no
proper guidelines to control such discrimination. A particular structure of the criminal justice
cannot be considered in isolation from the larger social system and the forces of such system.
Hence, the act of discrimination cannot be justified based on the above-mentioned ground.
There are certain critical criminologists who contend that the processes of the criminal
justice structure are criminogenic, specifically regarding the utilization of the penitentiary and
the center of juvenile confinement. The arguments forwarded by such critics and the
criminologists are intricate and are opposed by the persuasive conventional criminologists. The
apprehensions regarding the abysmal communal and financial relegation of the populace of the
indigenous community are authentic, however, they do not provide an explanation for the
happenstances in relation to the imprisonment.

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The excessive representation of the populace of the Island of the Torres Strait and the
Aboriginal Community is actually a tenacious and an increasing problem. The rate of
imprisonment in relation to the above-mentioned community have increased approximately forty
one percent from the year of 2006 till the year of 2016. An inquiry was held by the Australian
Law Reform Commission [ALRC] in this regard. It stated that there must be change in relation
to the above-mentioned issue. The populace of the indigenous community should not be
incarcerated at the degree at which it is being incarcerated presently. This inquiry led to a
submission of approximately one hundred and twenty reports and the information was actually
forwarded by the distinguished legal personalities of the indigenous community. According to
the inquiry of ALRC, targets in relation to the structure of the criminal justice must be set by the
government of the nation of Australia in order to cause a reduction in the rate of the
imprisonment and also a decrease in the rate of the violence connected to the populace of the
indigenous community. It was also recommended by the commission that an independent body
regarding the impartiality and fairness reinvestment must be established.
Therefore, it may be concluded that the degree of the discrimination in relation to
imprisonment of the populace of the indigenous community is high and proper measures should
be adopted by the government to put a stop to such discrimination. The people of the indigenous
community deserve the confidence of the administrative structure of the government of the
nation of Australia.

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References
Taylor, K. and Guerin, P., 2019. Health care and Indigenous Australians: cultural safety in
practice. Macmillan International Higher Education.
Smirnov, A., Kemp, R., Ward, J., Henderson, S., Williams, S., Dev, A. and Najman, J.M., 2018.
Hepatitis C viral infection and imprisonment among Aboriginal and Torres Strait Islander and
non‐Indigenous people who inject drugs. Drug and alcohol review, 37(7), pp.831-836.
Jones, C. and Guthrie, J., 2016. Efficacy, accessibility and adequacy of prison rehabilitation
programs for Indigenous offenders across Australia. Australasian Institute of Judicial
Administration Incorporated.
MacGillivray, P., Clearinghouse, I.J. and Baldry, E., 2015. Australian Indigenous Women's
Offending Patterns. Canberra, Australia: Indigenous Justice Clearinghouse.
Cunneen, C., 2018. Sentencing, punishment and Indigenous people in Australia.
Ryan, N., Ackerman, J., Bond, C., Ready, J. and Kinner, S.A., 2018. Prison Life and Prior Social
Experiences: Understanding their Importance for Indigenous Peoples’ Re-entry Outcomes. The
British Journal of Criminology, 59(1), pp.188-208.