NCJ Number
217621
Date Published
September 2006
Length
20 pages
Annotation
This report presents the results of research regarding Indigenous overrepresentation in New South Wales (NSW) prisons.
Abstract
The results found no evidence of bias on the part of sentencing courts in relation to adult Indigenous offenders. This finding is consistent with prior research in relation to Indigenous juvenile offenders. The apparent difference between adult Indigenous and non-Indigenous adult offenders in the likelihood of imprisonment appears to be due to the fact that, by comparison with non-Indigenous offenders, Indigenous offenders: (1) have longer criminal records; (2) are more likely to be convicted of a serious violent offense; (3) are more likely at any particular court appearance to be convicted of multiple offenses; (4) are more likely to have violated a previous court order; and (5) are much more likely to have re-offended after being given an alternative to fulltime imprisonment. In its consideration of the causes of Indigenous imprisonment, the Royal Commission highlighted the issue of disadvantage, which was seen as the principal underlying cause of Aboriginal involvement in crime. After investigating Aboriginal deaths in custody, the Royal Commission concluded that the high rate of Aboriginal deaths in prison stemmed from Aboriginal overrepresentation in prison. In an attempt to provide an understanding of Indigenous overrepresentation in prison, this study sought to answer two questions: (1) are indigenous adult offenders more likely than non-Indigenous adult offenders to receive a sentence of imprisonment and (2) if not, which legally relevant factors account for most of the difference in the rate at which Indigenous and non-Indigenous offenders are sent to prison? Tables, references and appendixes 1-2