NCJ Number
131918
Date Published
1991
Length
92 pages
Annotation
This report analyzes whether Australian criminal laws are appropriate to a society made up of people from different cultural backgrounds and from ethnically diverse communities and proposes several changes in the law.
Abstract
The analysis assumes a close link between law and culture including language, religion, tradition, and customs. Issues considered include the extent to which the criminal law can accommodate the cultural values, beliefs, and customs of minority communities in Australia; whether laws of criminal procedure represent a balance between the government's need to punish offenders and enforce the law and its need to protect the individual against arbitrary use of the power of the government; and whether punishments are appropriate. Recommended changes include allowing a "cultural impact statement" in specific cases, summarizing the law in plain English, conducting community education about the criminal law, the creation of offenses of racist violence and incitement to racist violence, and procedures to ensure that police powers are used equitably. Modifications of prosecutorial and trial procedures are also recommended. Footnotes