Indigenous Australians and crime
Background
Many sources report over-representation of Indigenous offenders at all stages of the criminal justice system.[1][2][3][4] As of September 2019[update], Aboriginal and Torres Strait Islander prisoners represented 28% of the total adult prisoner population,[5] while accounting for 3.3% of the general population.[6]
The links between lower socioeconomic status and the associated issues that come with it (inadequate housing, low academic achievement, poor health, poor parenting, etc.) to all types of crime are well-established, if complex,[7][8][9][10] and disadvantage is greater in Indigenous communities than non-Indigenous ones in Australia.[11][12][13][14]
These reasons have been well documented, as pointed out by
A submission by
By category
Violent crime
The main source of information on homicides is the National Homicide Monitoring Program (NHMP), which was established in 1990 at the Australian Institute of Criminology. A 2001 study by Jenny Mouzos, using data from 1 July 1989 to 30 June 2000, showed that 15.7% of homicide offenders and 15.1% of homicide victims were Indigenous, while census statistics showed the rate of indigeneity of the population at around 2% in 2000 (since found to be too low a figure[15]). The statistics were imperfect also because NHMP data is gathered from police records, which may not always identify race accurately, but an earlier review had reported "...although the statistics are imperfect, they are sufficient to demonstrate the disproportionate occurrence of violence in the Indigenous communities of Australia and the traumatic impact on Indigenous people.(Memmott et al. 2001, p. 6)". The study reported that the homicides were largely unpremeditated, and most occurred within the family environment, with alcohol involved.[16]
The Aboriginal and Torres Strait Islander Women’s Task Force on Violence (2000, p. ix) reported that "The high incidence of violent crime in some Indigenous communities, particularly in remote and rural regions, is exacerbated by factors not present in the broader Australian community...Dispossession, cultural fragmentation and marginalisation have contributed to the current crisis in which many Indigenous persons find themselves; high unemployment, poor health, low educational attainment and poverty have become endemic elements in Indigenous lives...".[16]
Age-standardised figures in 2002 showed that 20% of Indigenous people were the victims of physical or threatened violence in the previous 12 months, while the rate for non-Indigenous people was 9%.[17] In 2011–2012, the percentage of Aboriginal homicide offenders decreased to 11% and victims to 13%.[18]
Family violence
The 2001 homicide study found that most occurred within the domestic setting.[16]
In 2002 the Western Australia government looked into the issue and conducted an inquiry, known as the Gordon Inquiry after its lead investigator, Aboriginal magistrate Sue Gordon. The report, Putting the picture together: Inquiry into response by government agencies to complaints of family violence and child abuse in Aboriginal communities, said that "[t]he statistics paint a frightening picture of what could only be termed an 'epidemic' of family violence and child abuse in Aboriginal communities."[19]
Family violence and sexual assault were at "crisis levels" in the Indigenous community in 2004, according to Monique Keel of the Australian Institute of Family Studies.[20]
Child abuse
The incidence of child abuse in Indigenous communities, including sexual abuse and neglect, is high in comparison with non-Indigenous communities. However, the data is limited, with most coming from child protection reports.[21] The Australian Institute of Health and Welfare gathered data for 2008–2009 on children aged 0–16 who were the subject of a confirmed child abuse report. It showed that Indigenous children accounted for 25% of the reports, despite making up only 4.6% of all Australian children; there were 37.7 reports per 1,000 of Indigenous children and 5 reports per 1,000 of non-Indigenous children, that is, Indigenous children were 7.5 times more likely to be the subject of a child abuse report.[22]
A 2010 report showed that child sexual abuse was the least common form of abuse of Indigenous children, in contrast to media portrayals.[23] Incidents of all types of child abuse in Indigenous communities may be under-reported, for several possible reasons, including fear of the authorities; denial; fears that the child may be taken away; and social pressure.[23]
The 2007 Little Children are Sacred report cited evidence that "child maltreatment is disproportionately reported among poor families and, particularly in the case of neglect, is concentrated among the poorest of the poor", and that socio-economic disadvantage is "closely related with family violence, being both a cause of child abuse... and a form of child abuse and neglect in itself". The Indigenous community is significantly poorer than the non-Indigenous community in Australia.[24]
The Australian Human Rights Commission's Social Justice Report 2008 said that, despite the likelihood of under-reporting, the 2005−2006 ABS statistics for confirmed child abuse did not appear to support the "allegations of endemic child abuse in NT remote communities that was the rationale for the Northern Territory National Emergency Response".[25]
Alcohol use
There is a link between
The 2001 homicide study reported that over four out of five Indigenous homicides involved either the victim or offender or both, drinking at the time of the incident.[16]
A 2019 report shows a decline in the use of alcohol, with a greater abstention rate than among non-Indigenous people, as well as in tobacco use.[27]
Illicit drug use
There is a link between illicit drugs and crime. The 2004 Drug Use Monitoring in Australia (DUMA) annual report found that "37 percent of police detainees attributed some of their criminal activity to illicit drug use".[28] However the relationship is complex. The drugs most often associated with violent crime (including domestic violence) in the whole Australian population are alcohol and methamphetamine.[29]
Data from 2004–2007 showed that illicit drug use by Indigenous people over 14 years old was about twice as high as that of the general population. The data showed that 28% of Indigenous people aged 15 and above in non-remote areas had used illicit drugs in the previous 12 months, while the rate for non-Indigenous people in that age group in all areas was 13%. The illicit drugs most used by Indigenous people are
A 2006 study investigating drug use among Indigenous people in remote and rural communities showed that, while alcohol remained the primary concern, the "often heavy use of cannabis and increasing signs of amphetamine use" was having a negative impact on the communities. Drug offences constituted a very small proportion of charges in rural communities, but substance use primarily involved alcohol, cannabis, petrol and other solvents, and, increasingly, amphetamines.[28]
A 2019 review reported that in 2016, 27% of Indigenous Australians used an illicit drug in the previous year, which was 1.8 times higher than for non-Indigenous Australians, at 15.3%. Cannabis use was especially prevalent: 19.4% had used cannabis in the last 12 months (1.9 times higher than non-Indigenous Australians, at 10.2%). 10.6% of Indigenous people had used a pharmaceutical for non-medical use (non-Indigenous 4.6%) and 3.1% had used methamphetamines (non-Indigenous 1.4%). The relationship to crime was not included in this report.[27]
The relationship between use of illicit drugs and crime, excluding possession of the drug, is not clear. Arrests of consumers (whole Australian population) still constituted around 80% of all arrests in 2009–10, and cannabis-related crimes accounted for 67%.[31]
Victims of crime
Indigenous Australians are over-represented as
Detainment and imprisonment
General statistics
In 2009,
In 2014 in Western Australia, one in thirteen of all Aboriginal adult males was in prison. According to prison reform campaigner Gerry Georgatos, this is the highest jailing rate in the world.[38]
The
Many sources report and discuss the over-representation of Indigenous Australians in Australian prisons.[1][2][3][4]
The Australian Bureau of Statistics regularly publishes data sets regarding courts and prisons and victims. Series 4517 details imprisonment with tables 40, 41 and 42 specific to indigenous status.[40] Series 4513 details courts and outcomes with tables 12-15 specific to indigenous status.[41] Series 4510 details specifics of victims with tables 16-21 specific to indigenous status.[42]
Health effects from incarceration
Negative health effects have been well researched and include mental health and well-being issues, grief and loss, violence and the need for family and community.[43]
Social Justice Commissioner, Mick Gooda said in 2014 that over the previous 15 years, Indigenous incarceration had increased by 57%.[44]
A large number of
Deaths in custody
Death rates in prison are cause for concern.
The issue resurfaced in 2004 when an Indigenous man, Mulrunji Doomadgee, died in custody in Palm Island, Queensland, an incident that caused riots on the island.[50] The police officer who had custody of Doomadgee was charged with manslaughter, and was found not guilty in June 2007.[51]
Women in prison
A 2017 report by the
The 2018 ALRC Pathways to Justice report said that "Aboriginal and Torres Strait Islander women constitute 34% of the female prison population. In 2016, the rate of imprisonment of Aboriginal and Torres Strait Islander women (464.8 per 100,000) was not only higher than that of non-Indigenous women (21.9 per 100,000), but was also higher than the rate of imprisonment of non-Indigenous men (291.1 per 100,000)". Also "[Indigenous] women were 21.2 times more likely to be in prison than non-Indigenous women" (Summary, p. 8).
Research into women in the
Refusal of bail
Children in detention
In 2019, the
In 2018, it was revealed that all 38 children in detention in the Northern Territory were Indigenous.[60]
In 2023, a 13-year-old Indigenous Australian boy spent 45 days in solitary confinement during a 60-day stint in custody according to a new report. The report also stated that the child spent 22 consecutive days in isolation. [61]
Prisoners with disabilities
In August 2018, a senior research officer from Human Rights Watch reported, "I visited 14 prisons across Australia, and heard story after story of Indigenous people with disabilities, whose lives have been cycles of abuse and imprisonment, without effective support".[62]
Responses
Reports on the rates of Indigenous crime have focused on reducing risk by targeting the
Pathways to Justice report (2017)
The
Police programs
As of 2020, various
Court options
There are different models in the various
Circle sentencing (NSW & ACT)
Circle sentencing is a process that puts Aboriginal adult offenders before a circle of
A further circle court was established in
More than 1,200 people had completed the program in New South Wales by February 2019. The process is used for a range of offences, such as those relating to driving, drug and alcohol, but not for serious
There are two circle sentencing courts in the
Indigenous/community courts
Indigenous or community courts comprise a variety of court models aimed at reducing recidivism by involving Indigenous communities in the sentencing process, focusing on factors underlying the criminal behaviour, and creating diversion programs.[71] Various models have been used in several jurisdictions:
- Nunga Court in South Australia (1999–present)[72]
- Victoria(2002–present)
- Murri Court, in Queensland (2002-2012, 2016–present)
- Aboriginal Community Court in Western Australia (2006–2015)[76]
- Youth Koori Court, in New South Wales (2015–present)
As of 2022[update] Koori Court is the only Indigenous sentencing court in an indictable jurisdiction in Australia.[66]
Federal
At the
See also
- Aboriginal Community Court
- Australian Human Rights Commission
- Crime in Australia
- Crime in the Northern Territory
- Crime in Western Australia
- Don Dale Youth Detention Centre
- Law enforcement in Australia
- Law of Australia
- National Aboriginal and Torres Strait Islander Social Survey
- Race and crime
- Royal Commission into the Protection and Detention of Children in the Northern Territory
References
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A central conclusion of this chapter is that the immediate causes of the deaths do not include foul play, in the sense of unlawful, deliberate killing of Aboriginal prisoners by police and prison officers. More than one-third of the deaths (37) were from disease; 30 were self-inflicted hangings; 23 were caused by other forms of external trauma, especially head injuries; and 9 were immediately associated with dangerous alcohol and other drug use. Indeed, heavy alcohol use was involved in some way in deaths in each of these categories. The chapter concludes that glaring deficiencies existed in the standard of care afforded to many of the deceased.
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- Berlyn, Claire; Bromfield, Leah. "Child protection and Aboriginal and Torres Strait Islander Children" (PDF). Archived (PDF) from the original on 20 February 2011. (552 KB), Australian Institute of Family Studies, June 2010, Retrieved 11 November 2010. (HTML version, see here)
- Wild, Rex; Anderson, Patricia (2007). Ampe Akelyernemane Meke Mekarle: "Little Children are Sacred": Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse (PDF). Northern Territory Government. Board Of Inquiry Into The Protection Of Aboriginal Children From Sexual Abuse. ISBN 978-0-9803874-1-4. Archived(PDF) from the original on 3 July 2007. Retrieved 10 October 2019.
Uncited sources
- Johnston, Elliot; Hinton, Martin; Rigney, Daryle. (eds.). Indigenous Australians and the Law, Routledge-Cavendish, 1997, 2008 (second edition). ISBN 978-1-876905-39-2.
- "Law and Justice Fact Sheet", ReconciliACTION, 15 October 2007. Archived on 11 November 2010.
Further reading
Books and documents
- Barclay, Elaine (2007). Crime in Rural Australia, Federation Press.ISBN 978-1-86287-635-4.
- Levinson, David (2002). Encyclopedia of Crime and Punishment (vol 1), ISBN 0-7619-2258-X.
- Mukherjee, Satyanshu Kumar; Graycar, Adam. (1997). Crime and Justice in Australia, 1997, Hawkins Press, p 48. ISBN 1-876067-08-X.
- Willis, Matthew; Moore, John-Patrick. "Reintegration of Indigenous prisoners" (PDF). Archived (PDF) from the original on 14 March 2011. (1.07 MB), Australian Institute of Criminology, August 2008. Research and Public Policy Series No. 90. See accompanying webpage here, archived 14 November 2010. ISBN 978 1 921185 78 6
Journal articles
- Goodall, Heather. "Constructing a Riot: Television News and Aborigines", Media Information Australia 68: 70–77, May 1993. (subscription required)
- Eversole, Robyn; Routh, Richard; Ridgeway, Leon. "Crime and violence prevention in an urban Indigenous community". Archived from the original on 28 July 2018. (110 KB), .
- Hunter, Boyd. "Indigenous Australian arrest rates: Economic and social factors underlying the incidence and number of arrests" (PDF). Archived (PDF) from the original on 10 March 2011. (431 KB), Centre for Aboriginal Economic Policy Research, Australian National University, 2001.
- Quinlan, Frank. "Sentencing laws will further alienate indigenous Australians", Eureka Street, volume 16, issue 14, 16 October 2006, accessed 11 November 2010., Eureka Street, volume 16, issue 14, 16 October 2006. Archived on 11 November 2010.
Radio (transcripts)
- "Aborigines and the Criminal Justice System", The Law Report, Australian Broadcasting Corporation, 25 April 2000. Archived on 14 November 2010.
- McDonald, Timothy. "Violent crime more likely in Qld, NSW Indigenous communities", PM, Australian Broadcasting Corporation, 6 June 2007. Archived on 14 November 2010.
Statistics
- Corben, Simon; Tang, Helen (August 2019). "NSW Inmate Census 2018: Summary of Characteristics" (PDF). Statistical Publication (47). NSW Government. Corrective Services NSW. ISSN 2207-0850.
Web
- Fitzgerald, Jacqueline; Weatherburn, Don. "Aboriginal victimisation and offending: the picture from police records" (PDF). Archived (PDF) from the original on 11 October 2010. (548 KB), NSW Bureau of Crime Statistics and Research, December 2001.
- National Indigenous Drug and Alcohol Committee. "Bridges and barriers – addressing Indigenous incarceration and health" (PDF). Archived (PDF) from the original on 28 February 2014. (420 KB).
- "Investing in Indigenous youth and communities to prevent crime", transcript of the speech by Tom Calma delivered to the Australian Institute of Criminology, 31 August 2009. speech by Tom Calma.
- "Child abuse and neglect in Indigenous Australian communities" (PDF). 31 August 2003. Archived (PDF) from the original on 27 February 2011. (189 KB), Child Abuse Prevention Issues (Australian Institute of Family Studies), issue 19, spring 2003. For a HTML version, see archived 11 November 2010.