This study examines the complex relationship between the criminal justice system of Australia and Aboriginal and Torres Strait Islander people. It compares arguments for and against the incorporation of Aboriginal and Torres Strait Islander Law within the system.
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TABLE OF CONTENTS INTRODUCTION...........................................................................................................................1 MAIN BODY...................................................................................................................................1 CONCLUSION................................................................................................................................6 REFERENCES................................................................................................................................7
INTRODUCTION Criminology in turn is referred to as the scientific study of the crime which in turn mainly includes responses to the law enforcement, cause of crime and various other methods of prevention. It is considered to be as one of the sub group of the sociology which is useful in understanding the social behaviour. A criminal justice system of the Australia is referred to as a system of laws which helps in protecting the community members. It is considered to be very useful in the determining of the events which in turn eventually results in offence and injury to the various community members. This study in turn is very useful because it willcompare and contrast the various set of arguments that have been advanced for and against the incorporation of Aboriginal and Torres Strait Islander Law within criminal justice system. MAIN BODY Smith, (2018)sought to examine the fact that, there seems to be high degree of complex relationship which in turn tends to exist between criminal justice system of the Australia and Aboriginal and Torres Strait Islander people. However, indigenous people of the Australia are indulged in various set of criminal activities which in turn of the result they in turn are more likely to be represented in the prison.There seems to be high degree of issues between Aboriginal and police officers. There are large set of issues which in turn has resulted in appearance of Aboriginal offenders before the court. There are various range of informal and formal justice to the indigenous group. Aboriginal law is considered to be one of the most relevant law which in turn is considered to be appropriate for addressing various set of problems. Moreover,Price, & Rogers, (2019)established the fact that, one of the key argument associated with the incorporation of the Aboriginal law within the criminal justice system of the Australia. Aboriginal communities has been maintaining their own set of laws. Aboriginal law tends to exist before the invasion of the European so it should be properly honoured and respected. There are various set of mitigating factors which tends to exist in order to incorporate the Aboriginal law within Australian criminal justice system. The key factors in turn mainly includes the various set of possible cost and the various set of key differences which in turn is considered to be very difficult in order to incorporate with the modern living standard of Australia. Subsequently,Altman, & Pollack, (2018)argued that, there seems to be persistent report associated with the high degree of abuse and violence within the indigenous communities. 1
Australian courts tend to impose lighter sentences on the indigenous offenders because of the cultural set of discrimination. Within Australia there seems to be an increase in the imprisonment of the Aboriginal people since the year 1980 and has also been significantly increasing more rapidly when compared with the non – indigenous Australian community rate. At the June quarter in the year 2017, Aboriginal people tends to represent 28% of total national prison population and 2% of the general population. However, lack of communication and deficiency associated with the interpreting services tends to remain one of the key issues in the operation of the criminal justice systems within Australia. There seems to be high degree of death which in turn are majorly linked with the key legal relations communities (ACCESS TO JUSTICE ISSUES FACEDBYABORIGINALANDTORRESSTRAITISLANDERPEOPLESINWESTERN AUSTRALIA. 2019). Western Australia tends to have high degree of indigenous death within the custody where the number states around 87 deaths per 100,000 people in the year 1980. Legal services with the large number of indigenous communities in turn tends to cease. Howse, & Dwyer, (2016)sought to examine the fact that, Aboriginals in turn are highly subjected to the general criminal law within Australia. The key issue is that the perceived failure associated with the general law intern Infosys room for criminal justice system. Australian tends to enjoy basic human rights. There are various set of international human rights standards which in turn tends to put conflict within the indigenous people in order to retain their cultural practises and traditional laws. However, physical punishment is considered to be one of the most common factorinthetraditionalaboriginalcommunitywhichinturnislargelyopposedbythe international law. The various sets of abortion laws which are employed on the indigenous and the boys are people at various levels. Hence, this leads to high degree of this tension negative effect on them within indigenous group of people and community. There seems to be destruction associated with the traditional values, lack of acknowledgement associated with the aboriginal law and also governance.Subsequently,Fogarty, Bulloch, McDonnell, & Davis,. (2018)argued that, in order to avoid complexity associated with the combination of abortion Torres state islanders and the Australian criminal justice system. However clear set of distinction has been made by standing committee on legal and Constitutional affairs states that, the sentencing and bail act should retain cultural backgrounds at the time of sentencing. Hence, this is considered to be as one of the areas which in turn helps in combining aboriginal law with the Australian 2
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criminal justice system. It is considered to be very important for the indigenous group of people to work on the key concept of individual human rights. Marel, MacLean & Midford, (2016)sought to examine the fact that, A criminal justice system of the Australia is referred to as a system of laws which helps in protecting the community members. It is considered to be very useful in the determining of the events which in turn eventually results in offence and injury to the various community members. The law of council tends to state that the system which in turn tends to have access to the justice must be very fair. It must be highly accessible and also very responsive to the needs of the people. All the Australian whether indigenous and non- indigenous in turn tends to seek right to the justice. Criminal Justice within Indigenous Communities Kelaher, & et.al. (2017)sought to examine the fact that, Aboriginal people in turn tends resent and distrust police of Australia. There seems to be high degree of oppressive treatment towards Aboriginal by the Australian police. There seems to be lack of respect for indigenous people from the police. However, it is considered to be very crucial for the integration of the culturally sensitive practice within the police force. This in turn is very useful in the building of harmony among the Aboriginal communities and police officers.Educating indigenous people associated with the key human rights helps in determining the key human rights associated with the Aboriginal community. There seems to be key destruction associated with various factors which in turn largely increases the risk of crime among the Aboriginal and Torres State Islander. Maguire,&Young,(2015)soughttoexaminethefactthat,theusageofthephysical punishments in turn is considered to be as one of the major source which in turn helps in attaining better results and outcomes associated with better treatment to the Aboriginal people. The key idea of not being punished more than once for the same crime is considered to be very important within Australian culture. There are various other set of formal justice service for the indigenous offenders who in turn tends to exist within Australia. Within central Australia there are no set of indigenous communities who do not tend to have any police presence. The police stations were very far away for few communities (ACCESS TO JUSTICE ISSUES FACED BY ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLES IN WESTERN AUSTRALIA. 2019). There are various key arguments which in turn eventually leads to ineffective justice system for the Aboriginal people. There are various set of issues of crime and values associated with indigenous community. One of the key problems associated with the legal system is to ensure 3
protection of aboriginal women in relation with the family in domestic violence. Another key problem associated with indigenous community at the time of using legal system is to enhance and protect their interest and also right. Especially in the area family and civil law and the team application it has for criminalisation.The various set of funding issues and also lack of access to the legal advice and representation with the Aboriginal and Torres group islander. One of the key limitation of the criminal Justice agency in the development of strategic policy in turn change the way people do business with the indigenous group of people. There seems to be deterioration of indigenous group of people involvement with the criminal justice system. Indigenous women tend to experience high degree of violent crimes when compared with the non-indigenous women within Australia. Subsequently,Blagg, Tulich, & Bush, (2015) argued that, Indigenous women are likely to be more victim of homicide and sexual assault. The key reason where indigenous women do not report violence mainly includes fear of prepetrator, family issues. Nature associated with indigenous relationship, unavailability of support from community, lack of police presence, etc. It is considered to be very crucial to proactively educate where is Australian indigenous group of people associated with the customary laws and criminal justice system. Customary law is considered to be highly empowering for indigenous community because it is a form of social justice and organisation which helps in maintaining and sustaining traditions. It also tends to provideideologicalframeworkandalsowideoverviewwithvariousdifferentformsof contemporary Australia social norms and customs. Moreover,Cunneen, (2017)established the fact that, the native title act of the year 1993 is considered to be one of the most defining piece of legislation prescribed in terms of customary laws. It states that the indigenous Australian society possess and continue to possess well within the system of law. Native title is considered to be the right for indigenous Australians in order to learn and grow on land which is considered to be central for the belief, religion and well-being. It is the native title act of the year 1993 which in turn recognises aboriginal laws and human rights associated with the indigenous aboriginal people of Australia. Dance & et.al. (2018)examined the fact that, Australian aboriginals law many relates to the practice and system associated with aboriginal Australians which has been developed over a period of time from acceptable moral beliefs and norms within the aboriginal society. This eventually regulates the behaviour of the human and also mandates specific sanctions for the 4
non-compliance in connection of the people associated with the land at each other with the key system of relationship. Criminal justice system is considered to be very prominent in setting rules and laws which has been protecting the community members. It also has in determining which events tend to cause offence in injury to the specific group of community within the Australia. However, Australian aboriginal’s law tends to relate with the specific practice and system of the aboriginal Australians. The system and practice has been developed over the period of time which helps in accepting certain norms and beliefs of the aboriginal society. This way it regulates human behaviour and it also helps in mandating specific sanctions in order to connect with the various group of people.Criminal justice system is considered to be very useful in controlling various aspects of the study which eventually leads to better treatment to the Aboriginal people within Australia.There seems to be an increasing rate of the Aboriginal and Torres Strait Islander associated with the incarceration in turn is considered to be very high. The lockups and the prison to the adults is very common among the Aboriginal and Torres Strait Islander. There seems to be high degree of substance use among the individuals which eventually leads to high degree of criminal activity within Australia. Mabo v Queensland As in the case of the Mabo vs Queensland in the year 1992, the defendant in turn has challenged various government with the key right to his land as he was the traditional indigenous owner. However, the decision was found in the favour of the defendant and in turn has also recognized the key right to the land with the right to the governing Aboriginal law. This case in turn is considered to be very useful as it helps in recognizing the Australian law in order to gain best possible decision. Fogarty, Bulloch, McDonnell, & Davis, (2018)sought to examine the fact that, Aboriginal in turn might commit various set of offences associated with the general law. Homicides are considered to be as one of the most serious problems among the aboriginal and Torres people. There are various set of customary punishments which helps in better treatment to the indigenous group of people. Aborigines in turn are considered to be very disadvantage when it comes to come in before the court because of lack of understanding and language problems of the proceedings. The general of the Australia is considered to be culturally insensitive towards the indigenous group of Australian people. In the impact of the criminal justice system in turn results from the poverty or various different situations of life. There seems to be high degree of complex 5
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relationship between the aboriginal and Torres islanders and criminal justice system of the Australia. There is a need for modification of aboriginal customary law rather than implementing criminal liability system under the specific general law (ACCESS TO JUSTICE ISSUES FACED BY ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLES IN WESTERN AUSTRALIA, 2019).However, an Aboriginal law has been affectively recognise and acknowledge by the criminaljustice system of the Australia. Thishelps in providing better treatment to the indigenous group of people. The domestic violence protection order in turn is considered to be one of the hybrid system of criminalization. This can be applied to the lower courts in order to provide best possible treatment to the Aboriginal people in Australia. CONCLUSION From the above conducted study it has been summarized that,there seems to be high degree of complex relationship which in turn tends to exist between criminal justice system of the Australia andAboriginal and Torres Strait Islander people.Australian courts tend to impose lighter sentences on the indigenous offenders because of the cultural set of discrimination. It has been concluded that, there is an increase in the number of criminology cases among indigenous group of people. A criminal justice system of the Australia is referred to as a system of laws which helps in protecting the community members. Aboriginal people in turn tends resent and distrust police of Australia. One of the key problems associated with the legal system is to ensure protection of aboriginal women in relation with the family in domestic violence. Hence, an Aboriginal law has been affectively recognise and acknowledge by the criminal justice system of the Australia. 6
REFERENCES Books and Journals Altman, J., & Pollack, D. P. (2018).The Indigenous Land Corporation: a new approach to land acquisition and land management?. Canberra, ACT: Centre for Aboriginal Economic Policy Research (CAEPR), The Australian National University. Blagg, H., Tulich, T., & Bush, Z. (2015). Diversionary pathways for Indigenous youth with FASD in Western Australia: Decolonising alternatives.Alternative Law Journal,40(4), 257-260. Cunneen,C.(2017).Communityconferencingandthefictionofindigenouscontrol. InRestorative Justice(pp. 335-354). Routledge. Dance, P & et.al. (2018). " I want to be heard": an analysis of needs of Aboriginal and Torres Strait Islander illegal drug users in the ACT and region for treatment and other services. Fogarty, W., Bulloch, H., McDonnell, S., & Davis, M. (2018). Deficit discourse and indigenous health: how narrative framings of aboriginal and Torres Strait islander people are reproduced in policy.Deficit Discourse and Indigenous Health: How Narrative Framings of Aboriginal and Torres Strait Islander People Are Reproduced in Policy, xii. Howse, G., & Dwyer, J. (2016). Legally invisible: stewardship for Aboriginal and Torres Strait Islander health.Australian and New Zealand journal of public health,40(S1), S14-S20. Kelaher, M & et.al. (2017). Improving the identification of Aboriginal and Torres Strait Islander people in mainstream general practice. Maguire, A., & Young, T. (2015). Indigenisation of curricula: Current teaching practices in law.Legal Educ. Rev.,25, 95. Marel, C., MacLean, S., & Midford, R. (2016).Review of volatile substance use among Aboriginal and Torres Strait Islander people. Australian Indigenous HealthInfoNet. Price,K.,&Rogers,J.(Eds.).(2019).AboriginalandTorresStraitIslandereducation. Cambridge University Press. Smith, D. E. (2018). CDEP as urban enterprise: the case of Yarnteen Aboriginal and Torres Strait Islanders Corporation, Newcastle. Online ACCESS TO JUSTICE ISSUES FACED BY ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLESINWESTERNAUSTRALIA.2019.[ONLINE].Availablethrough< 7