Race, Crime, and Justice: Aboriginal Law Incorporation Essay

This essay critically examines the arguments for and against integrating Aboriginal and Torres Strait Islander Law into the Australian criminal justice system. It explores the complex relationship between the criminal justice system and Indigenous peoples, highlighting disparities in incarceration rates and issues with communication and interpreting services. The essay analyzes key arguments supporting incorporation, such as honoring Indigenous laws predating European invasion, while also addressing potential challenges like differences with modern living standards. It further discusses issues such as cultural discrimination, abuse, violence within indigenous communities, and the impact of the legal system on Aboriginal women and families, referencing key studies and reports to support its claims. The essay also considers the role of customary laws, the Native Title Act of 1993, and the importance of culturally sensitive practices within the police force. It concludes by emphasizing the need for fair and accessible justice for all Australians, both Indigenous and non-Indigenous, within the criminal justice framework.

Race Crime and justice

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 will compare 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.
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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
FACED BY ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLES IN WESTERN
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
factor in the traditional aboriginal community which in turn is largely opposed by the
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
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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) sought to examine the fact that, the usage of the physical
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
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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
provide ideological framework and also wide overview with various different forms of
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
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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
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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
criminal justice system of the Australia. This helps 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 and Aboriginal 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.
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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). Community conferencing and the fiction of indigenous control.
In Restorative 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). Aboriginal and Torres Strait Islander education.
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
PEOPLES IN WESTERN AUSTRALIA. 2019. [ONLINE]. Available through<
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http://www.lawsocietywa.asn.au/wp-content/uploads/2015/10/2017OCT06_LawSociety_Briefin
gPapers_AccessJusticeIssues_ATIPIA.pdf>
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