Year 11 Legal Studies: Indigenous Incarceration

" ... In his 2014 Social Justice and Native Title report, Mr Gooda urged the Federal Government to adopt a justice target in its Closing The Gap strategy that would reduce the current rate of Indigenous incarceration ... "

" Understanding the history of incarceration of Aboriginal and Torres Strait Islander people, as well as the relationship of incarceration with other governmental modes of regulation, enables an appreciation of the complexity of addressing the over-representation of Aboriginal and Torres Strait Islander peoples in the contemporary criminal justice system ... "

"Though Indigenous Australian peoples account for about 3 per cent of the total population of Australia, they are much more likely to be imprisoned than non-Indigenous Australians ... "

"It has become undeniable that the over-imprisonment of Aboriginal and Torres Strait Islander men, women and children is a national tragedy. Too many people are damaged by criminal justice systems that do not make our communities any safer ... "

Australian Bureau of Statistics details the crime rate across states and territories.

The ABS details the principal offences committed by Aborigines and Torres Strait Islanders, 2016-2017.

"Qualitative evidence indicates that 'Indigenous violence is widespread and disproportionately high compared to non-Indigenous violence in Australian society' (Memmott & National Crime Prevention 2001: 2) ... "

"The focus of ALRC Report 31 (tabled 12 June 1986) was whether it would be desirable to apply, either in whole or in part, Aboriginal customary law to Indigenous peoples—generally or in particular areas or to those living in tribal communities only. In addition, the report addressed whether in criminal cases existing courts should be able to apply Aboriginal customary laws to Indigenous peoples and whether Aboriginal communities should have power to apply their customary laws in the punishment and rehabilitation of Aboriginal people ... "

"This Inquiry has one principal but constrained purpose. It is to inquire into the overrepresentation of Aboriginal and Torres Strait Islander people in prison and develop recommendations for reform of laws and legal frameworks to reduce their disproportionate incarceration ... "

"The process for each law reform project may differ according to the scope of inquiry, the range of key stakeholders, the complexity of the laws under review, and the period of time allotted for the inquiry. While the exact procedure needs to be tailored to suit each topic, the ALRC usually works within a particular framework when it develops recommendations for reform. "

"The NSW Bar Association has called for an innovative indigenous-specific court model to be put in place "as soon as possible" in the wake of figures showing the state's Aboriginal and Torres Strait Islander jail population could be slashed under proposed non-custodial reforms ... "

"Commonwealth, state and territory governments must overhaul the justice system to reduce the massive over-representation of Indigenous people in jail, a major inquiry has found ... "

"The objective of this review was to synthesise evidence on the health and social support needs of Aboriginal and Torres Strait Islander people leaving prison and on programs which aid successful community re-entry ... "

"An outback town resurrects lost tribal authority to fight crime

EVERY day James Moore meets police at a community centre for aboriginal people in Bourke. He and the officers swap reports of trouble during the previous 24 hours. A local aboriginal himself, Mr Moore says he wants to change the mindset of the town, which had a romantic past as a booming river port but became better known for its rampant crime, especially among aboriginals ... "

" ... Collectively, we believe that meaningful change will occur on Australia’s reconciliation journey, only when it is informed by Aboriginal and Torres Strait Islander peoples and enacted by a united Australia ... "

"Indigenous incarceration in Australia has been the subject of many thorough and well evidenced reports and reviews over the past three decades including the landmark Royal Commission into Aboriginal Deaths in Custody.

"This paper discusses the sentencing and punishment of Indigenous peoples in settler colonial states, most notably Australia ... "