University Essay: Human Services Research on Indigenous Incarceration

This essay investigates the significant over-representation of Indigenous communities in the Australian criminal justice system, highlighting the increasing systemic bias and widening gap between Indigenous and non-Indigenous imprisonment rates. The research explores the historical and contemporary factors contributing to this disparity, including the impact of neo-liberalism, cultural differences, and the disproportionate effects on Indigenous women. The essay examines the challenges faced by Indigenous communities within the justice system, such as trauma, violence, and limited access to support services. It emphasizes the need for a shift in approach, advocating for the incorporation of Indigenous perspectives and solutions to reduce over-representation and promote more equitable outcomes. The analysis draws on a range of scholarly sources to provide a comprehensive understanding of the issue and its implications.

Running head: HUMAN SERVICES RESEARCH
HUMAN SERVICES RESEARCH
Name of the Student:
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Introduction
The over-representation of Indigenous communities in custodial in the Anglo Settler
Colonial societies has been greatly recognized. According to reports, in 2016 almost 20 in
every 1000 Aboriginal and Torres Strait Islander individuals have been detained (Cunneen &
Tauri, 2019). However, over-representation has been seen as a persistent and recurrent
problem, in which the Indigenous groups’ incarceration rates have increased to around 41%
from the period of 2006 to 2018. This rate has led to an increase in the gap between
imprisonment rates among Indigenous as well as non-Indigenous communities (Weatherburn,
2014). As Cunneen (2018) claimed, the remedial methods have developed in recent times and
provided practical substitutes to majority of non-Indigenous correctional rules as well as
practices. However the over-representation of Aboriginals in the Anglo Settler Colonial
societies still shows prevalence. Detention, trial and imprisonment have turned out to be a rite
of channel for Indigenous youths instead of a cause of embarrassment or humiliation.
Meanwhile, for elder offenders, the magnetisms of free accommodation as well as food along
with good healthcare, comparative protection from vehemence and consistent social
exchange with relatives and associates have tended to overshadow the negative aspects of
incarceration. This has been perceived as a possible reason to which Indigenous criminals
tend to return to custodial at a rate that is considerably higher as related to non-Indigenous
lawbreakers (Kelly & Tubex, 2015). The thesis statement of the essay is “Over representation
of Indigenous in sentencing and punishing have been increasing systemic bias and widening
the gap between Indigenous and non-Indigenous communities in Australia.”
Discussion
The profoundness and extensiveness of the Aboriginal interaction with the illegal
justice system has been so major that it has challenged the beliefs of the system. As per
Pereira and Scott (2016), in Tasmania, the state showed the bottom rate of the Indigenous

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imprisonment, which is approximately four times as compared to several other Indigenous
Australians in incarceration per capita as evaluated with the non-Indigenous Australians. In
the view of Cunneen (2018), the impact of neo-liberalism can be seen as a cause in creating a
punitive approach in penalty and its effect on the Aboriginal communities. The advent of
neo-liberalism has overlapped with the re-alignment of considerations in punishment that
shed light on dissuasion, vengeance and liability. The dominance of neoliberal values
weakened Indigenous rights to self-determination by subjugating Indigenous principles as
well as Indigenous regulations grounded on these values. Moreover, cultural difference has
been used to clarify delinquency and the essentiality for specific types of sentence, thus
instigating greater incorporation and systemic bias.
As per reports of Australian Law Reform Commission, Indigenous women comprises
of around 34% of the female inhabitants. However, in 2016, the detention rate of Indigenous
women constituting of around 464.8 per 100,000 populations has not only been higher as
compared to the non-Indigenous female populations and has shown increased rate of
incarceration of non-Indigenous men comprising of 291.1 per 100,000 male inhabitants
(Marchetti & Daly, 2007). Indigenous populates are excessively characterized in Australian
custodial inhabitants constituted simply 2% of the Australian adult inhabitants but
encompassed of over one sector of the nationwide adult prison inhabitants. Meanwhile,
Tickner (2018) has noted that the disaster of Aboriginal as well as Torres Strait Islander
females’ over detention in prisons and police custody has been causing inestimable damage.
Currently, Aboriginal and Torres Islanders female population comprises of over 34% of
women in the custody.
More number of women populations is entering in as well as out of courts and police
custody. Such over representation of incarceration of Indigenous populations have been
considered as a critical crisis which has been showing critical impacts on the Indigenous

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communities, chiefly the women and children (Walters & Longhurst, 2017). However,
comprehensive studies have noted that while major proportion of Indigenous women possibly
will never cross the edge of the criminal justice organization as criminals, the lives of them
are highly disadvantageous (Thorburn & Weatherburn, 2018). Trauma as well as violence
develops as collective and inescapable involvements for Indigenous women with mental and
cerebral incapacities in the criminal justice system. The majority of Aboriginal females in
custodians have encountered sexual assault and post-traumatic stress disorders. Moreover,
their requirements are never successfully assumed as well as not supported in jail (Baldry et
al., 2015).
Although, the criminal justice system purposes in providing utmost equality to its
citizens, its outcomes tend to be highly disproportionate. Detention has tended to embed
detriment and disadvantages (Meyer et al., 2017). By drawing relevance to previous study, it
has been found that approximately 54% of former convicts have been differentiated against
grounded on the reasons of having illegal record while seeking employment opportunities
(Ferguson et al., 2016). However, with an aim of lessening the number of complaints of
discernment in service on the basis of criminal record, the Australian Human Rights
Commission has recently established new non-discriminatory, practical employment
guidelines in support of employers. Cunneen and Tauri (2019) on the other hand have
mentioned that criminal justice and criminology along with certain particular variants of the
discipline has been functioning in isolating and silencing Indigenous peoples. Weatherburn
(2014) has noted that under Critical race theory (CRT), criminology, the overrepresentation
of detentions have been seen mainly in settler-colonial settings looks to be principally
resistant to the difficulties. Even though, Indigenous penalizing courts have shown certain
facets of salutary jurisprudence as well as restorative justice practices, they have distinctive
goalmouths and intentions.

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According to Marchetti and Daly (2007), the most critical goal has been illustrated in
legislation or other material across all jurisdictions regarding the increase in the involvement
of Indigenous communities in court proceedings. However, if there has been any chance for
criminology to develop things as well as associate with Aboriginal communities to
considerably lessen their linkages with settler-colonial crime regulation, then it should be
initiated by accepting empirical research on the queries as well as issues of importance to
Indigenous communities.
Conclusion
To conclude, it is important to note that since trial and incarceration have turned out
to be a habit for Indigenous instead of a reason of embarrassment or humiliation, there is a
dire need of inclination on the part of criminal acts in order to obtain knowledge from
Indigenous individuals who obligate their individualistic ways of knowing as well as retorting
to crime as well as social destruction. However, Indigenous communities have their own
interventions which they project as well as deliver them. Thus, in order to reduce the
overrepresentation of incarceration of Aboriginal communities, there must be substantial
level of support towards these communities to develop as well as deliver solutions which will
be effectual for the communities.

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