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Aborigines and the Criminal Justice System (From Issues in Criminal Justice Administration, P 184-199, 1983, Mark Findlay et al, eds. - See NCJ-92907)

NCJ Number
92919
Author(s)
T Milne
Date Published
1983
Length
16 pages
Annotation
New South Wales (Australia) police, prison, and court statistics indicate the disproportionate representation of Aborigines in various parts of the criminal justice system, and much of the Aborigines' contact with the criminal justice system is an expression of the dominant culture's intent to maintain power over Aborigines and their culture.
Abstract
Aborigines are disproportionately represented in detentions under the Intoxicated Persons Act, court appearances, police charges, and in the State's prison population. The behavior by Aborigines leading to contact with the criminal justice system can be ranked in the following order: (1) detention under the Intoxicated Persons Act, (2) convictions for offensive behavior, (3) convictions for offenses against property, and (4) convictions for offenses against the person. Detentions under the Intoxicated Persons Act and convictions for offensive behavior constitute by far the greatest proportion of all Aboriginal involvement with the criminal justice system. These are offenses only when committed in public. The public drinking habits of Aborigines are not surprising in view of their poor economic circumstances and the many social restrictions imposed on blacks. The greater police presence in the Aboriginal towns also helps to explain the greater frequency of police observation of proscribed public behavior. It can be said then that the greater representation of Aborigines in the criminal justice system is largely a reflection of their social position. Further, since the penalties for public order offenses are fines and the Aboriginese offenders are likely to default payment, they are likely to serve time in detention as a result of their low economic status. Tabular data are provided.