NCJ Number
45240
Date Published
1977
Length
52 pages
Annotation
PROCEEDINGS OF A SEMINAR ON THE PROBLEMS OF ABORIGINES IN THE AUSTRALIAN CRIMINAL JUSTICE SYSTEM, PAPERS DELIVERED, AND SEMINAR RESOLUTIONS ARE PRESENTED.
Abstract
IN 1976 THE AUSTRALIAN INSTITUTE OF CRIMINOLOGY HELD A SEMINAR AIMED AT DISCUSSING THE PROBLEMS ENCOUNTERED BY ABORIGINALS WHEN THEY COME INTO CONTACT WITH THE LARGELY BRITISH-BASED AUSTRALIAN LEGAL SYSTEM. THE RELATIONSHIP OF ABORIGINALS TO THE SYSTEM, INCLUDING LEGAL SERVICES, LAW ENFORCEMENT, COURT PROCEDURES, CORRECTIVE INSTITUTIONS, PROBATION AND PAROLE, AND COMMUNITY WELFARE, ARE EXAMINED. PROBLEMS INVOLVED IN RECONCILING CUSTOMARY (TRIBAL) LAW WITH MODERN STATUTE LAW ARE DISCUSSED. CUSTOMARY LAW IS UNWRITTEN, TENDS TO EMPHASIZE OBLIGATIONS TO THE GROUP RATHER THAN PERSONAL RIGHTS, AND EXERCISES A STRONG CLOSE AND INTIMATE RESTRAINT ON MEMBERS OF THE GROUP. STATUTE LAW, ON THE OTHER HAND, IS CLEAR, PRECISE, INDIVIDUALLY ORIENTED, AND DELIBERATELY IMPERSONAL; IN PRACTICE, IT IS ACTUALLY LESS EFFECTIVE IN PREVENTING DEVIATION OR MISBEHAVIOR. PRACTICAL PROBLEMS ARE EXAMINED: PROBATION AND PAROLE SERVICES AND OTHER SENTENCING ALTERNATIVES ARE NOT AVAILABLE FOR THE ABORIGINAL; ILLITERACY CAUSES MANY PROBLEMS, EVEN IN MATTERS AS SIMPLE AS OBTAINING A DRIVER'S LICENSE; THE ISOLATED AREAS IN WHICH MANY ABORIGINALS LIVE MAKE LEGAL SERVICES DIFFICULT TO PROVIDE; AND DIALECTICAL VARIATIONS MAKE ADEQUATE TRANSLATION OF ESSENTIAL COURT TERMS ALMOST IMPOSSIBLE. DISPARITIES IN PUNISHMENT BETWEEN TRIBAL AND STATUTE LAW, AND THE POSSIBILITY OF AN OFFENDER BEING PUNISHED TWICE FOR THE SAME CRIME, CAUSE GREAT DIFFICULTIES IN THE ADMINISTRATION OF JUSTICE. THE EFFORTS OF THE POLICE DEPARTMENT OF SOUTH AUSTRALIA TO OPEN COMMUNICATION WITH THE ABORIGINES AND LIAISON, LANGUAGE TRAINING, AND OTHER PROGRAMS THEY HAVE DEVELOPED ARE OUTLINED. RESOLUTIONS PASSED BY THE SEMINAR PARTICIPANTS ARE SUMMARIZED, AND A BIBLIOGRAPHY IS PROVIDED.