Aboriginal Youth and the Criminal Justice System

The Injustice of Justice?

Aboriginal Youth and the Criminal Justice System

This book is a 1990 account of the ways in which young Aborigines were at a disadvantage before laws and legislation had been introduced, intended to improve their position. Aboriginal Youth and the Criminal Justice System focuses on South Australia, where detailed statistics are available, in a sophisticated analysis of the exact nature of the discrimination experienced by young Aborigines. Fay Gale, Rebecca Bailey-Harris and Joy Wundersitz examine the criminal justice system in operation; from the initial intervention by a police officer, through the process of screening and assessment to the final outcome - which all too often is a criminal record. The research clearly shows that at every point where discretion was exercised within this system, Aboriginal youths received the harsher option. Thus disadvantage is heaped on disadvantage until young Aboriginals were imprisoned at 23 times the rate of other young Australians. Even for those who escaped detention, participation in the criminal justice system was often such an ordeal that it became a form of punishment in itself. Discretion, though preferable to inflexible rules could operate against a group whose lifestyle and values differed from mainstream society.

Offending Youth

Sex, Crime and Justice

Offending Youth

Rates of female delinquency, especially for violent crimes, are increasing in most common law countries. At the same time the growth in cyber-bullying, especially among girls, appears to be a related global phenomenon.While the gender gap in delinquency is narrowing in Australia, United States, Canada and the United Kingdom, boys continue to dominate the youth who commit crime and have a virtual monopoly over sexually violent crimes. Indigenous youth continue to be vastly over-represented in the juvenile justice system in every Australian jurisdiction. The Indigenisation of delinquency is a persistent problem in other countries such as Canada and New Zealand.Young people who gather in public places are susceptible to being perceived as somehow threatening or riotous, attracting more than their share of public order policing. Professional football has been marred by repeated scandals involving sexual assault, violence and drunkenness. Given the cultural significance of footballers as role models to thousands, if not millions, of young men around the world, it is vitally important to address this problem. Offending Youth explores these key contemporary patterns of delinquency, the response to these by the juvenile justice agencies and moreover what can be done to address these problems.The book also analyses the major policy and legislative changes from the nineteenth to twenty first centuries, chiefly the shift the penal welfarism to diversion and restorative justice. Using original cases studied by Carrington twenty years ago, Offending Youth illustrates how penal welfarism criminalised young people from socially marginal backgrounds, especially Aboriginal children, children from single parent families, family-less children, state wards and young people living in poverty or in housing commission estates. A number of inquiries in Australia and the United Kingdom have since established that children committed to these institutions, supposedly for their own good, experienced systemic physical, sexual and psychological abuse during their institutionalisation. The book is dedicated to the survivors of these institutions who only now are receiving official recognition of the injustices they suffered.The underlying philosophy of juvenile justice has fundamentally shifted away from penal welfarism to embrace positive policy responses to juvenile crime, such as youth conferencing, cautions, warnings, restorative justice, circle sentencing and diversion examined in the concluding chapter.Offending Youth is aimed at a broad readership including policy makers, juvenile justice professionals, youth workers, families, teachers, politicians as well as students and academics in criminology, policing, gender studies, masculinity studies, Indigenous studies, justice studies, youth studies and the sociology of youth and deviance more generally.

A Question of Commitment

Children’s Rights in Canada

A Question of Commitment

In 1991, the Government of Canada ratified the United Nations Convention on the Rights of the Child, requiring governments at all levels to ensure that Canadian laws and practices safeguard the rights of children. A Question of Commitment: Children’s Rights in Canada is the first book to assess the extent to which Canada has fulfilled this commitment. The editors, R. Brian Howe and Katherine Covell, contend that Canada has wavered in its commitment to the rights of children and is ambivalent in the political culture about the principle of children’s rights. A Question of Commitment expands the scope of the editors’ earlier book, The Challenge of Children’s Rights for Canada, by including the voices of specialists in particular fields of children’s rights and by incorporating recent developments.

Juvenile Justice

Youth and Crime in Australia

Juvenile Justice

Juvenile Justice: Youth and Crime in Australia explores the nature of juvenile crime and the responses of the juvenile justice system to it. The book introduces the main concepts and issues in juvenile justice and provides an overview of both the dynamics of youth crime and the institutions ofsocial control.This new book builds on the earlier successful work Juvenile Justice: An Australian Perspective and presents an analysis of youth and crime in three parts:Part 1: "History, Theory, and Institutions", has chapters on the historical development of juvenile justice, the key theoretical approaches to explaining youth crime, the nature of youth crime, and the institutional responses to juvenile offending.Part 2: "Social dynamics of Juvenile Justice", has chapters on class and community, indigenous young people, gender and juvenile justice, and ethnic minority youth.Part 3: "The State, Punishment, and Community", has chapters on police, the courts and sentencing, detention centres and community corrections, youth crime prevention, and restorative justice.This comprehensive and well-crafted book is an indispensable text for students in criminology, criminal justice, sociology, criminal law, social work, and justice studies. It is also an important reference source for youth and community workers, justice department officials, members of the police,social scientitsts, social workers, and young people themselves.

Indigenous Australians and the Law

Indigenous Australians and the Law

Bringing together a well-respected team of commentators, many of them indigenous Australians themselves, this revised and updated edition examines the legal, social and political developments that have taken place in Australia since the publication of the last edition. Providing students with a greater understanding of the issues facing Indigenous Australians in the hope of contributing to reconciliation, the authors explore a broad range of developments, including: human rights and reconciliation in contemporary Australia; the demise of ATSIC; issues of indigenous governance and water rights. Giving readers an incisive account of the resounding impact of social, political and legal conditions upon the Indigenous people of Australia and their interaction with and recourse to the law, this book is an excellent resource for those interested in the law of a coloniser or conqueror and its lasting impact upon first nations.

Hunger, Horses, and Government Men

Criminal Law on the Aboriginal Plains, 1870-1905

Hunger, Horses, and Government Men

Scholars often accept without question that the Indian Act (1876) criminalized First Nations. Drawing on court files, police and penitentiary records, and newspaper accounts from the Saskatchewan region of the North-West Territories between 1870 and 1905, Shelley Gavigan argues that the notion of criminalization captures neither the complexities of Aboriginal participation in the criminal courts nor the significance of the Indian Act as a form of law. This illuminating book paints a vivid portrait of Aboriginal defendants, witnesses, and informants whose encounters with the criminal law and the Indian Act included both the mediation and the enforcement of relations of inequality.

The Australian Criminal Justice System

The Mid 1990s

The Australian Criminal Justice System

Fourth collection of essays from criminal law experts and criminologist about crime and criminal justice in Australia, first published in 1972. Includes essays on violence, trends in crime and criminal justice, ethnicity, women and the criminal justice system, corporate crime and other areas, as well as two views of the future of the criminal justice system. Indexed. Chappell is director of the Australian Institute of Criminology and Wilson is Dean of Humanities and Social Science at Bond University.