NCJ Number
46655
Journal
Australian Police Journal Volume: 30 Issue: 1 Dated: (JANUARY 1978) Pages: 21-26
Date Published
1978
Length
6 pages
Annotation
THE ESTABLISHMENT OF SELF-CONTAINED POLICE STATIONS ON ABORIGINAL RESERVES AND THE ROLE OF NATIVE POLICE AND TRIBAL COURTS IN LAW ENFORCEMENT ARE DISCUSSED.
Abstract
THE CAUCASIAN OFFICERS CHOSEN TO STAFF POLICE STATIONS ON THE RESERVES ARE SELECTED FOR THEIR ABILITY TO SUPERVISE AND TRAIN THE ABORIGINAL POLICE, AND THEIR ATTITUDE AND TEMPERAMENT TOWARD ABORIGINES. THE WHITE OFFICER MUST BE AWARE OF THE DIFFERENT FRAMEWORK OF CULTURAL BELIEFS AND VALUES HELD BY THE ABORIGINES, AND MUST NECESSARILY ADOPT TECHNIQUES FOR DEALING WITH ANTISOCIAL BEHAVIOR AND CRIME INVESTIGATION COMMON TO THE TYPE OF PEOPLE BEING POLICED. UPON ARRIVAL AT THE RESERVATION, THE POLICE OFFICER'S AUTHORITY MAY BE CHALLENGED BY THE RESIDENTS, AND THE OUTCOME OF THIS INITIAL ENCOUNTER WILL DETERMINE WHETHER A WORKABLE RELATIONSHIP WILL EXIST BETWEEN THEM. ABORIGINAL POLICE OFFICERS ARE RECRUITED TO WORK WITH THE CAUCASIAN OFFICERS AND TO ASSIST IN ALL PHASES OF PEACEKEEPING AND LAW ENFORCEMENT, EXCEPT FOR THE INVESTIGATION OF MAJOR CRIMES. THESE ABORIGINAL POLICE ARE RECRUITED FROM AMONG THE RESIDENTS OF THE RESERVE IN APPROXIMATELY EQUAL NUMBERS FROM EACH TRIBE: SOME RESERVATIONS ARE INHABITED BY SEVERAL TRIBES. THE MAJOR CONSIDERATION FOR SELECTION IS THAT THE TRIBAL POLICE OFFICER MUST HAVE SOME DEGREE OF AUTHORITY WITHIN THE TRIBE AND THE RESPECT OF HIS PEERS. THE ABORIGINAL POLICE ARE ENCOURAGED TO USE THEIR INITIATIVE TO DEAL WITH BEHAVIORAL PROBLEMS AND TO MAKE ARRESTS WHEN NECESSARY. ABORIGINAL COURTS ARE STAFFED ENTIRELY BY TRIBE MEMBERS AND TRY OFFENSES GENERALLY MINOR IN NATURE, INCLUDING INSOBRIETY, DISORDERLY CONDUCT, WILLFUL DESTRUCTION, AND BREAKING AND ENTERING. WHITE OFFICERS PURPOSELY DO NOT ATTEND THESE COURTS, AND THE PROSECUTION IS HANDLED BY THE SENIOR TRIBAL POLICE OFFICER, AND IN THE NATIVE LANGUAGE. THOUGH THESE COURTS FOLLOW THE ACCEPTED TRIAL FORM -- PROSECUTOR, DEFENDANT, WITNESSES -- A CASE IS TREATED MUCH AS THE TRIBAL ELDERS WOULD CONSIDER A BREACH OF TRIBAL LAW. IN THIS MANNER, THE TRIBAL CULTURAL AND LEGAL MORES, THOUGH INADMISSABLE IN STANDARD AUSTRALIAN COURT PROCEEDINGS, CAN BE BROUGHT TO BEAR. THE OPENING OF POLICE STATIONS ON RESERVATIONS HAS PROVIDED MORE ACCESSIBLE POLICE PROTECTION AND SUPERVISION TO AUSTRALIAN NATIVES, A SERVICE WHICH APPARENTLY IS OF MUTUAL BENEFIT. (DJM)