Aboriginals in Australia's Justice System: Colonialism & Over-Representation - Essay Sample

Introduction

This paper looks into the relationship between the Aboriginals' relationships with the Australian Criminal Justice System with particular emphasis on over-representation. The paper argues that over-representation of the Aboriginals in the Australian Justice System arises from four main factors, colonialism, socio-economic, over/under policing, and culture clash. All four elements have their strengths; however, the experience of colonialism remains the most potent factor of the overrepresentation of Aboriginals in the Australian Criminal Justice System. The over-representation of the Aboriginals in the Criminal Justice System remains one of the most significant crisis issues within the justice system. From the representation of Aboriginal adults to Aboriginal youths, overrepresentation will remain a critical thorny issue for many years (Watson, 2014). The overrepresentation of Aboriginals in the Australian Criminal Justice System remains an enduring and complex issue primarily due to set conditions within the country, exposing and increasing the risk of peaceful coexistence.

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Under and over-policing stand out as significant problems the Aboriginal people experience. Over policing entails targeting racial or ethnic groups of people living in a particular region. Over the years, Aboriginal people have experienced negativity with the Australian police (Nettelbeck et al., 2016). In many ways, governments have targeted the Aboriginals using the police with attempts to address Aboriginal rights. Governments have undertaken this by arresting those they deem as perpetrators (Weatherburn, 2014). Governments have used claims of validity to assimilate the Aboriginal people by apprehending and forcing them into schools, then later providing child support programs. Over policing has brought forth a great deal of mistrust between the Aboriginals and the Australian police (Morgan et al., 2015). The issue of over-policing has also led to the general formation of negativity towards the Aboriginal people. In the police department's view, the Aboriginals tend to exhibit criminal tendencies, violence, and dangerous behaviors.

According to Watson (2019), the Aboriginals fall victim and face overrepresentation making them appear as less worthy. Due to the general feeling of "less-worthiness," the Aboriginal people never get their grievances addressed or solved within the justice system of the police level. The problem remains worse due to the government's attitude of downplaying the Aboriginals' significance concerning their long-standing complaints and rights (Weatherburn, 2014). Over policing and under policing play a significant role in fostering the people's mistrust towards the police and the justice system as a whole.

Socio-Economic Factors

Australian Aboriginal people face numerous socio-economic challenges that remain significantly contribute to their overrepresentation. They mainly include education, unemployment, mental health, racism, child protection, sexual abuse, family violence, housing, and substance abuse (Watson, 2014). Poor education achievements and lack of educational attainment often increase the risk of criminal behaviors among Aboriginal youths. Over half of the Aboriginals in police custody and jails either dropped out of school or never had any school experience (Webb & Williams, 2018). At the same time, a large number of families have their children take only a short duration in school as compared to non-Aboriginals (Morgan et al., 2015). On disability, a large number of Australia Aboriginals having cognitive impairments have an increased chance of clashing with the police as compared to non-Aboriginals. Approximately 11 percent of Aboriginals in Australian jail and police custody involve people with disabilities (Weatherburn, 2014). Additionally, unemployment increases the risk of Aboriginals involving in criminal activities. Nearly 60 percent of Aboriginals in police custody have no formal employment (Weatherburn, 2014). The above percentage represents over twice the number of non-Aboriginals rates of criminality.

Other significant factors, such as housing and substance abuse, increase the rate of Aboriginals' criminality. Poor housing conditions often give rise to poor health, which remains a significant reason for incarceration. Approximately thirteen percent of Aboriginals having no fixed abode have their clash with the police increased (Watson, 2014). The majority of Aboriginals get homeless services with government homeless facilities, but this does not reduce their rate of criminality or conflict with the police. Racism plays a significant role in perpetuating the Aboriginal's marginalization. Over 50 percent of the Aboriginals experience systematic discrimination, with over 80 percent reporting unfair treatment due to their race (Douglas & Fitzgerald, 2018). At the same time, sexual abuse and family violence play a critical role in increasing the Aboriginals' chances of incarceration or clash with the police—over 87 percent of Aboriginal women in police custody report emotional, physical, and sexual abuse (Douglas & Fitzgerald, 2018). At the same time, over 60 percent of individuals in custody report neglect, trauma, and violence in childhood (Douglas & Fitzgerald, 2018). These factors play a critical role in increasing the Aboriginals' chances of incarceration and clash with law enforcement agents.

Colonialism

Colonialism played a critical role in the rise of numerous social, economic, and political ills that continue to affect the people of Aboriginals. Colonialism has led to social and economic marginalization, systematic discrimination, intergenerational trauma, territorial dispossession, and cultural alienation (Nettelbeck et al., 2016). These factors continue playing a critical role in the lives of the Australian Aboriginal people, impacting them negatively in the long run. Various policies, including removing indigenous families from welfare programs and residential schooling system, has continued to play a critical role in perpetuating social injustice (Watson, 2014). At the same time, affected relations remain vital in contributing to the erosion of community and family ties. Nettelbeck et al. (2016) argued that the effect has had tragic and complex impacts on the resulting outcomes increasing the rate of cognitive and health issues. The consequences have continued to exert undue pressure on Aboriginals leading to family breakdown, interpersonal violence, drug abuse, sexual abuse, suicide, and cognitive impairment (Webb & Williams, 2018). Colonialism continues to disempower indigenous women eradicating various indigenous governments where women have considerable influence (Barker et al., 2015). Colonialism plays an essential role in propagating continued overrepresentation of Aboriginals directly and indirectly by distorting the social and economic arrangement of the Aboriginals' lifestyles leading to criminal activities.

Culture Clash

According to Douglas and Fitzgerald (2018), European settler's control and power played a crucial role in the disruption of the Aboriginals' kingship system and culture. The Aboriginals' culture and lifestyle primarily revolved around mythology and Dreamtime. Others included respect for their oral traditions and land and continued emphasis on their unique instruments (Nettelbeck et al., 2016). The Aboriginals had a set of standards that guided their beliefs, history, law, customs, and overall tradition. Their practices and beliefs revolved around childcare, artistic expression, traditional medication, spiritual practices, and cultural institutions (Morgan et al., 2019). However, with the continued integration and infiltration of European settlers, most Aboriginal practices and beliefs faced extinction. The continued interaction with new cultures, traditions, lifestyles, and belief systems led to different ideologies (Douglas & Fitzgerald, 2018). The differences further led to disagreements, opposing behavior, and practices (Webb & Williams, 2018). The Aboriginals faced multiple cultural that resulted in an unusual psychological and cultural phenomenon (Krieg, 2006). The cultural and behavioral events further led to new acts and practices, especially among young people. The resulting impact brought a continued confrontation between the authorities and Aboriginals, which increased their interaction with law enforcement agents.

According to Nettelbeck et al. (2016), overrepresentation of Aboriginals in the Australian Criminal Justice System continues to present social, economic, and political challenges for the locals and the authorities. Over the years, overrepresentation has mainly arisen due to various economic, social, and political factors. The issue of under/over-policing contributes directly to the negative interaction between the Aboriginals and the justice system. The resulting impact brings forth negativity and deterioration of the relationship between the two groups. At the same time, colonization directly contributed to the erosion of the Aboriginals' culture leading to the culture clash that aroused multiple social and political tensions leading to increased interaction between the Aboriginals and the justice system. Social and economic factors further exacerbated the social setup increasing pressure between the Aboriginals and the justice system. From the elements, it remains evident that the Aboriginals have a weak relationship with the justice system, leading to continued clash and confrontation.

Conclusion

The Aboriginals face continued interaction with the justice system, case scenarios that impact them negatively, disrupting their lifestyles and practices. Overrepresentation of Aboriginals in the Australian Justice System remains a tricky issue within the society exposing the justice system as a lopsided arm of government. Over and under policing, social and economic factors, colonialism, and culture clash directly contribute to the overrepresentation of the Aboriginals in the justice system. The above contributing factors lead to complicating social interaction that further put at risk peaceful coexistence. Culture clash has continued to expose the Aboriginals to unfamiliar practices and beliefs that negatively impact their relationship with the justice system. At the same time, colonialism brought forth new practices and legislation that directly interfere with the Aboriginals' peaceful coexistence, further leading to interaction with the justice system. Overrepresentation of Aboriginals remains a complicated and multifaceted social and political issue mainly due to set conditions in the country.

References

Barker, B., Alfred, G. T., Fleming, K., Nguyen, P., Wood, E., Kerr, T., & DeBeck, K. (2015). Aboriginal street-involved youth experience elevated risk of incarceration. Public health, 129(12), 1662-1668. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4688204/

Douglas, H., & Fitzgerald, R. (2018). The domestic violence protection order system as entry to the criminal justice system for Aboriginal and Torres Strait Islander people. International Journal for Crime, Justice and Social Democracy, 7(3), 41. https://search.proquest.com/openview/0d003b28161c54287fcb8b6f2d888267/1?pq-origsite=gscholar&cbl=4425140

Krieg, A. S. (2006). Aboriginal incarceration: Health and social impacts. Medical Journal of Australia, 184(10), 534-536. https://www.mja.com.au/system/files/issues/184_10_150506/kri10234_fm.pdf

Morgan, J., Coe, R. R., Lesueur, R., Kenny, R., Price, R., Makela, N., & Birch, P. H. (2019). Indigenous peoples and genomics: Starting a conversation. Journal of genetic counseling, 28(2), 407-418. https://onlinelibrary.wil...