Week 5 Flashcards
Indigenous young people are:
__ times more likely to be sent to a detention centre
__ times more likely to be punished with youth detention
__ percent of all young people held in police custody were indigenous
29
42
40
why are young indigenous people so significantly overrepresented in our official crime statistics?
- history of colonisation
- links between welfare intervention and criminalisation
- effects of social and economic marginalisation
- racism and discrimination within the juvenile justice system
-
-
- open warfare and resistance
- ‘protective’ legislation
- contemporary criminalisation
How has the Stolen Generations Inquiry impacted the criminalisation of Indigenous youth?
- females children were particularly targeted
- parental neglect was the primary justification for removal but still required the court to be satisfied that there was indeed neglect
What are the consequences of Indigenous children being removed from parents?
- higher levels of arrest
- poorer health
- sexual abuse
- intergenerational issues
What were the Indigenous resistance again Indigenous youth removal?
- parents fighting back
- organised community advocacy
- compensation and reparation through the courts
Aboriginal youth offenders tend to commit the following offences:
- property crime (most often)
- public order offences
- violent crime
- driving offences (less represented)
What are the 3 unfortunate cases involving the police and youth Aboriginal youth
- Daniel Yock (1993)- died in police custody (heart attack compounded by drug intoxication) - arrested for disorderly conduct
- The ‘Pinkenba’ incident (1994) - 3 Aboriginal boys (12-14 years) were alleged to have been illegally deprived of their liberty by police
- TJ Hickey (2004)- riots occurring in Redfern Sydney
True or false-
police do not offer as many cautions to young Aboriginal offenders as compared to young non-Aboriginal offenders
True
What occurs if no caution is offered
- court attendance notice/ summons/ notice to appear (before the court/police)- less harsh
- arrested, detained and transported to the court to determine bail - more harsh
What is bail?
permission sought from the court to be released back into the community (with or without conditions). If bail is not granted, then the young person must then be detained in a remand centre until the matter is brought before the court again
What is conferencing?
- a form of diversion from the courts
- the police will decide who gets diverted but in some states/territories, the courts can also divert
- police are less likely to recommend conferencing for young Indigenous offenders
True or false
Indigenous youth offenders are more likely institutionalised by the courts rather than non-indigenous youth offenders?
True
Why are youth offenders more likely to be institutionalised?
- inadequate legal representation
- lack of non-custodial sentencing options
- harsher sentencing attitude by non-specialist magistrates
- discrimination
What are some examples of Indigenous courts in Australia
- Victoria- Koori Courts/ Childrens Koori Court
- Queensland- Murri Courts
- South Australia- Nunga Courts (only for sentencing)
