Aboriginal prison rates

Aboriginal and Torres Strait Islander people are massively overrepresented in the criminal justice system of Australia.

In 2008 Aboriginal people represent only 2.3% of the total population, yet over 14% of Australia's prison population are Aboriginal people.

As the chart above shows Indigenous people represent on average 17% of the prison population except in Western Australia and the Northern Territory where they account for 43% and 84%.

Yet, as the yellow line shows, Aboriginal people make up less than 5% of each state's population except for the Northern Territory where they account for 31.6%.

What you cannot get away from is that the rate of Indigenous imprisonment in Western Australia is far greater than anywhere else in the country and indeed it compares with the worst rates of imprisonment, of African Americans in the United States. —Bob Debus, chair of the federal inquiry into the over-representation of Indigenous young people in the criminal justice system [13]

Half of the 10- to 17-year-olds in jails are Indigenous [3].

The fact is, every year it gets worse.—Gino Vumbaca, Executive Director, Australian National Council on Drugs, about Aboriginal prison rates [3]

Where do these prison rates come from?

To understand these high rates, one must know Aboriginal history. Many factors work together and some of them include the following [4]:

• Stolen Generations. Those taken away from their families as a child are twice as likely to be arrested than their peers.
• Police behaviour. Police might act racist, violently or inappropriately (see below for more on this).
• Offence criminalisation. Aboriginal people are 15 times more likely to be charged for swearing or offensive behaviour than the rest of the community.
• Social and economic situation. Poverty and unemployment, particularly for young Aboriginal people or in rural and remote areas.
• People's attitude. Some police and community members have a "law and order" attitude.
• Lack of language skills. Some Aboriginal people are sentenced to jail without them fully understanding the court process because English is not their first language [5].
• Foetal alcohol syndrome. Many children enter the justice system because their mother drank too much alcohol during her pregnancy. Her children are often unable to appreciate the consequences of their actions [13].
• Family breakdown due to various social factors.

There's no doubt that prison has a ripple effect on every family, especially if the member in prison was supporting the family.—Justice Valerie French, chairman Prisoners Review Board [6]

"Incredibly trivial offences"

There is a persistent feeling among Aboriginal communities and legal experts that police treat Aboriginal people differently for trivial offences.

Some Aboriginal people end up in jail because they did not get the postal notifications of court dates after which bench warrants are issued and bail is unlikely [11].

Youth who might never have seen a traffic light or a freeway have difficulties getting a license because remote communities lack trainers and facilities, and the language used for driving tests is inappropriate. When they then get caught repeatedly driving unlicensed and end up in jail [12].

"Every day of the week we act for Aboriginal people who've been charged with disorderly conduct," says Peter Collins, Legal Director of Aboriginal Legal Services in Western Australia (ALSWA) [9].

"Their crime: To swear at the police. They use the F word, they use the C word. Often they're drunk or affected by drugs or both, or they've got a mental illness or they're homeless or whatever."

"But it seems to me the only people in this day and age who are offended by the use of the F word and the C word are police. And so these [Aboriginal] people are hauled before the courts for these incredibly trivial offences."

According to Western Australia Police Commissioner Karl O'Callaghan police are not prejudiced against Aboriginal people or any other racial group. This, however, is a statement which meets little love among Aboriginal communities.

Case Study: Read how swearing at police can not only land you in prison but also cost your life. An Aboriginal man's death becomes the most prolonged investigation in the criminal justice system for an Indigenous community. The Tall Man

How can we reduce Aboriginal crime rates?

As with many programs designed to 'cure' Aboriginal issues, there is no one-size-fits-all solution. A program that works in Menindee might not work in Wilcannia at all. Or vice versa.

Employment and Indigenous leadership seem to be two crucial ingredients for a successful recipe.

In Menindee, a strong group of Aboriginal women held positions on committees and worked as liaison officers with police. When there was no police around it were the women who dealt with the offenders.

Jobs in tourism and horticulutre as well as traineeships for high school students gave the youth of Menindee something to aim for.

Both programs helped to reduce the rates of domestic violence to one fourth of those in Wilcannia [7]. The women in the committee felt that they could control decisions that affected them.

Be careful though when you compare Aboriginal communities. Wilcannia is bigger, more remote and has more Aboriginal inhabitants than Menindee.

A promising approach to reduce recidivism (when offenders re-offend) is circle sentencing where Aboriginal people judge their peers along with jurisdictional experts.

High recidivism rates for Aboriginal juveniles tell us that a punitive response is simply not working. —Wayne Martin, Western Australian Chief Justice [13]

Spiritual healing programs have been introduced in regional South Australia along with Aboriginal liaison officers. In Port Augusta an Aboriginal unit provides 'culturally appropriate detention' and programs. Facing the Flinders Ranges it is hoped that the unit is more comforting to those held off-country [8].

The only effective rehabilitation system we have for Aboriginal men is prison, because that is where they get fed, are given some education and forced to give up alcohol.—Dr Alex Brown, Baker Institute, Alice Springs [4]

You can put an individual offender through the best-resourced, most effective rehabilitation program, but if they are returning to a community with few opportunities, their chances of staying out of prison are limited. —Tom Calma, Aboriginal and Torres Strait Islander Social Justice Commissioner [10]

Out of respect for Aboriginal culture I use Indigenous sources as much as possible.
[1] 'Prisoners in Australia', ABS 2007; 'Population Distribution, Aboriginal and Torres Strait Islander Australians', ABS 2006 [2] ABS 1999, Australian Institute of Criminology 1995 [3] 'Inmate levels worsen', Koori Mail 454 p.14 [4] NSW Department of Aboriginal Affairs [5] Koori Mail 390 p.68 [6] NIT 30/10/2008 p.26 citing The Australian [7] 'Leadership improves quality of life: report', SMH 19/2/2009 [8] 'Govt accoused over jail deaths report', Koori Mail 458 p.10 [9] 'Freddo Frog case dropped', Koori Mail 465 p.11 [10] 'Calma's final report points to brighter future', Koori Mail 468 p.7 [11] 'Incarceration rates increase', Koori Mail 473 p.13 [12] 'Jailing youth not working - Chief Justice', Koori Mail 473 p.13 [13] 'Inquiry reveals huge jail rates', Koori Mail 474 p.11