Aboriginal law & justice
Aboriginal law and justice stats
11 Times an Aboriginal child aged between 10 and 14 is likely to be charged by police [3].
Mandatory Sentencing
Read how mandatory sentencing lets young Aboriginal people commit suicide and how it 'helps' jail them for petty crimes with damage as low as five dollars.
Circle Sentencing
Circle Sentencing tries to break the often deadly prison cycle with a totally new approach to sentencing which spares the offender jail but not punishment.
Royal Commission into Aboriginal Deaths in Custody
The Royal Commission into Aboriginal Deaths in Custody was announced in 1987 after a spate of Aboriginal deaths in prison and police custody and in response to a growing public concern that deaths in custody of Aboriginal people were too common and poorly explained. Hearings began in 1988, the final report was submitted in April 1991.
Royal Commission into Aboriginal Deaths in Custody: Read more...
Aboriginal people lack understanding of white law
Aboriginal prison rates might in part be based on a lack of understanding of legal concepts by Aboriginal people, especially those from remote areas.
More than 90% of people in Arnhem Land, NT, could not answer basic legal questions and think white society is 'lawless' [5]. In some Aboriginal communities people are unaware that rape is considered illegal. 95% of Yolngu people could not explain the 30 most commonly used English legal terms, such as 'bail', 'commit', 'arrest' or even 'guilty'. Even 90% of community leaders, school teachers and council representatives had no understanding of these legal terms.
This might explain why in 2008 over 80% of the Northern Territory prison population was Aboriginal. Many of them might as well be innocent because they didn't understand what 'guilty' meant.
"People thought that pleading guilty actually got them through the court quickly and they didn't go to jail," says Richard Trudgen, CEO of the Aboriginal Resource and Development Services [5].
"When they realised what the term guilty meant they were able to identify some of the things that they were convicted of that they never had anything to do with."
When asked about their lawyer helping them, many [Aboriginal people] were surprised to hear that this person was 'on their side'.—findings in the An Absence of Mutual Respect report [5]
"I plead guilty"
An Indigenous man, called to give evidence about a traffic accident he had seen, steps into the witness box and announces "I plead guilty".
This story was told by a Melbourne lawyer from his time working in an Aboriginal legal service in the Queensland bush [6].
The Absence of Mutual Respect report (pdf) is well worth reading.
"The old men are angry"
Aboriginal men who still value the old traditional and ceremonial ways "are angry" because they see people going into gaol and then coming back into their communities [9]. Under traditional Aboriginal law these people wouldn't be coming back, they'd have been expelled from their groups for what they did. Traditionally, if you were travelling on your own, everyone knew you had done something severely wrong.
For many old people it is hard to reconcile their view of traditional law with the rules of white law.
"I am a far better person" says Redfern Police Commander
For some police officers working in Redfern, Sydney's suburb with the highest Aboriginal population, "the suburb's notorious Block is beyond conventional police control" (Sergeant Paul Huxtable) and is the "bag snatch capital" of Australia [1].
But this is only half the story. Catherine Burn has worked as a Police Local Area Commander for 14 months in Redfern, walking the streets and acting as a primary contact to Aboriginal people. She says:
I am a far better person because of what I have learned from many Aboriginal people over the last 14 months. My daily walks around the Block and other areas in Redfern have given me a greater understanding of so many troubling issues but have also given me a greater hope that we can move forward and achieve positive change. Catherine Burn, Police Commander
For Catherine breaking down the barriers between police and Aboriginal people is key to "overcome some of the obstacles that have traditionally been present between police and Aboriginal people." This can be done through projects like
- Youth Mentor Program: Young Aboriginal children are allocated a Police mentor who aims to meet with them on a fortnightly basis to discuss relevant issues such as school or sport.
- Oz Tag, the only true non-contact form of Rugby League, where a tackle is affected when a tag is removed from the side of a player's shorts.
- Horse Whispering, where young Indigenous people learn about using trust instead of fear when they manage horses at the Redfern Mounted Police Centre.
- Sea skills: teaching Aboriginal youth sea skills.
community BBQs and a whole range of other activities. In reference to the young Aboriginal children at Redfern Catherine states:
They are great kids who have experienced more trauma in their short lives than most of us have ever, or will ever, experience. Catherine Burn, Police Commander
Traumas which are often caused by domestic violence, drug or alcohol abuse, social and economic disadvantage or cross-generational traumas of the Stolen Generations.
[1] Redfern, 90 days after the eruption, The Sydney Morning Herald, May 16, 2004.
Aboriginal prison rates
Aboriginal prison rates as a factor to white Australians. Juveniles in Western Australia are 48 times
more likely to be imprisoned that their white peers.(ABS 1999, Australian Institute of Criminology 1995)
Indigenous people are massively overrepresented in the criminal justice system of Australia.
Aboriginal people represent only 2% of the total population, yet over 14% of Australia's prison population are Aboriginal people.
In the Northern Territory, 73% of the prison inmates are Aboriginal, in Western Australia 40% [2].
To understand these high rates, one must know Aboriginal history. Factors include [1]:
- 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, violent or inappropriate.
- Offence criminalisation. Aboriginal people are charged 15 times more likely 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 attitude. Some police and community members have a "law and order" attitude.
- Lack of language skills. Some Aborigines can be sentenced to jail without fully understanding the court process [2] because English is not their first language.
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]
Compare these compensations
So you thought you could trust Australia's justice system to be just? Have a look just here:
Compensation for an Aboriginal woman
After spending more than two years in prison Jeanie Angel, a 47-year-old Aboriginal woman was acquitted of murder [7].
An all-white jury found her guilty in 1989. She never received a formal apology or compensation.
A$0.00 Compensation for two years in jail.
Compensation for a white police officer
During a riot on Palm Island in November 2004 the island's police station and Senior Sergeant Chris Hurley's police residence were burnt to the ground [8].
From police Hurley received over A$100,000 for lost possessions. He also claimed over A$34,400 from his insurance.
A$102,955 Compensation for lost possessions.
Law & Justice: Are you an Aboriginal person? Get involved!
For this project I'd like to involve Aboriginal people as much as possible. It should also become a platform for your voice and your story.
If you think you can contribute to any of these areas on the left-hand side, I am happy to listen to your advice. If necessary I can help you to put it into words, an audio file or an image for this site.
Contact me and we can find a way how your story helps towards true reconciliation.
Out of respect for Aboriginal culture I use Indigenous sources as much as possible.
[1] NSW Department of Aboriginal Affairs
[2] Koori Mail 390 p.68
[3] Koori Mail 394 p.16
[4] 'The intervention we had to have', SMH 21/6/2008
[5] 'Aboriginal people don't understand white law, report says', Koori Mail 427 p.49
[6] 'Angels, demons and great sadness', NIT 155, 12/6/2008 p.24
[7] 'WA murder compo denied', NIT 12/6/2008 p.6
[8] 'Internal probe for Qld police over Hurley compo', NIT 12/6/2008 p.5
[9] 'A triumph against the odds', NIT 12/6/2008 p.29
The author of this site wishes to recognise the Aboriginal and Torres Strait Islander peoples as the traditional custodians of the land in which we live and work.