NCJ Number
96000
Date Published
1984
Length
29 pages
Annotation
This study describes and analyzes the effort to reduce the Kimberley (Australia) criminal justice system's infliction of injustice on Aborigines by increasing their participation in the administration of justice.
Abstract
Prior to the efforts documented, Kimberley Aborigines did not participate in the judicial process and felt that law enforcement agencies collaborated against them. They were unable to distinguish between charge, arrest, trial, and conviction, and the high rate of recidivism reduced motivation to fight the system which oppressed them. Apparently, it was not so much the law which caused difficulties, but the problems derived from its administration and the atmosphere of that administration. Thus, the task was to diminish many of the apparent injustices in the eyes of Aborigines by involving them in the administration of justice. Technical complexities of procedure could be removed from the law without altering its basic structure. Research was intensified, and the maximum possible consultation was conducted with every representative section of the Kimberley Aborigines. The end result was the decision that legislation be passed to permit aboriginal communities to make rules that apply within community lands. The aboriginal Communities Act was passed and assented to on May 17, 1979. Its implementation was restricted to two Kimberley communities to monitor the effect of the act and bylaws. Prior to the passing of the act, the government considered the following: the appointment of Aborigines as justices of the peace, bench clerks, community rangers, and honorary probation officers. An explanation of court procedures is included.