Aboriginal and Torres Strait Islander peoples in Australia are substantially over-represented in the criminal justice system. This is caused by an interplay of complex historical and contemporary factors including dispossession of land, structural disadvantage, systemic racism, intergenerational poverty and trauma, over-policing, substance misuse and mental illness, tough-on-crime policies and the chronic under-funding of Aboriginal and Torres Strait Islander legal and interpreter services.…
The outcomes which arise when they fail to adequately exercise a duty of care are often disastrous. A study prepared for the national study into racist violence found that over 80 per cent of Aboriginal juveniles in detention centres in New South Wales, Queensland and Western Australia alleged that they had been assaulted by police on at least one occasion (Cunneen, 1991). In addition, there was a strong tendency on the part of those interviewed to see the violence as something normal and to be expected (Cuneen, 2009). Whilst there is no huge disparity today due to legislation, the accumulation of small biases from authorities can result in serious mistreatment. Over representation involves a greater level of offending and social disorganisation on the one hand, and massive over policing and racist law and order politics on the other (Blagg, 2012). The enduring effect of colonisation has had a huge impact on the relationship between the state, citizens and representative institutions such as the police and corrections – in the criminalisation of young men in particular. There is a shared Aboriginal perspective that the main perpetrators of racist violence are the criminal justice system itself, due to: the types of sentences, language barriers, judicial decision and making bail conditions. This argument is supported by significant miscarriages of justice such as the Kevin Condren case. Condren, who was sentenced to life imprisonment for murder, claimed that the police fabricated oral admissions by intimidating him into confessing. With evidence mounting over Condren’s unjust incarceration, an appeal was held presenting evidence to the court that the speech patterns in the police record of the interview were inconsistent with the type of speech patterns used by Aboriginal people in Queensland (Criminal Justice…
The results showed that female jurors were more pro-victim, compared to the males; females casted more guilty verdicts. For females, they were not influenced by the gender of either the defendant or victim. For males it showed that a female perpetrator was viewed more leniently than a man, especially when the victim was a boy. The males were influenced by the genders of the victim and defendant. The results also showed that women jurors considered the victim to be less responsible and the jurors all together, assigned more responsibility to the victim when it was a female perpetrator (Quas, et al., 2014). These results are important for forensic psychologists to be aware of when it comes to testifying and picking jurors for court because general stereotypes or ideas can greatly influence how the jurors will vote. Having a mostly female jury would most likely lead to more guilty votes, compared to a jury of mostly males. It is forensic psychologists job to find out the truth about the cases and not fall guilty to these types of naïve…
For most people, the police have been typically seen as the embodiment of fairness and impartiality. Contradictory to this mentality, social inequality exists in law enforcement, arguably the most in the police. This is due to the increased amount of contact with the general populace in their normal lives, as compared to the courts which only deal with the population when they are convicted. This essay will investigate the kinds of social inequalities present in the police, as well as the implications of these inequalities, namely gender specific, racial and sexual discriminations relating to females, ethnic minority groups, and the population in general.…
From the 1980s to the 1990s there has been a surge in minors who commit violent crimes as shown in a research study conducted by the Amnesty International and Human Rights Watch Currently. The information was based on federal and state correctional data related to race, history and nature of crimes committed by minors. The study showed inmates under the age of 18 in state prisons has more than doubled from 1985-1997. The study also shows that 61% of those minors admitted were convicted of violent offenses1. The Juvenile Court Act was founded in 18992 when the idea of reforming minors took place and the majority of crimes committed by minors were of minor misconduct. The justice systems were separated because adults were treated as criminals and minors were treated for rehabilitation. , created to rehabilitate and protect minors. The courts intended the system to be more informal and treat the juveniles rather than punish them. This system was not developed to undertake the current rise of…
Girls are at a much greater risk for physical exploitation in and outside the home compared to males. In our textbook it states that “Rosemary C. Sarri concludes that juvenile law has long penalized females.” There is evidence that there is a decline in prejudiced treatment of female status offenders since the Juvenile Justice and Delinquency Prevention Act was passed many states no longer send female status offenders to training schools alongside delinquents. Social justice in the juvenile justice system needs to have safety measure setup to protect due process for female status offenders, and female…
Juvenile incarceration has created a lot of uncertainties in the legal justice system. This is because it is often assumed that indeed there are several persons that are underage that at the time of the crime did not have the proper mental reasoning to appreciate that indeed they were committing a crime. For this reason, there has been several problems regarding Juvenile incarceration and it has been argued that there is a need to re-evaluate and ensure that indeed the problems that affect the system are given the proper judicial involvement and justice. . This paper is going to examine how different it is from adults and juvenile when it comes to…
More and more juveniles are being incarcerated in adult prisons because of legislation dropping the age juveniles are allowed to be tried as an adult and expanding the list that are considered adult crimes. States vary as to how old and where a juvenile is incarcerated. They may have to wait until a certain age to be transferred to an adult facility or they have to go in ight after sentencing. Sometimes they are in the general population of adults and others they try to keep them in different areas, but it all depends on the state and what their legislature says. Adult prisons do not meet the needs of a developing juvenile therefore putting them at risk for abuse and attempting suicide. Studies have shown that the younger juveniles are…
More than 2 million juveniles are arrested each year with nearly 600,000 entering into juvenile incarceration. (Kapp, Petr, Robbins, & Choi, 2013) There has been a steady increase of youthful female offenders. From the early nineties up until about 2006, simple assault crimes have decreased “4% for male juveniles and it increased 19% for females” (Espinosa, Sorensen, & Lopez, 2013). “25 to 50 percent of antisocial girls commit crimes as adults (Pajer, 1998)”. "Similar risk factors may play a role in both girls' and boys' delinquency. Gender differences in underlying biological functions, psychological traits and social interpretation can result in different types and rates of delinquent behaviors for girls and boys (Moffitt,…
Moving on from drug offences and simple assaults to implications for juvenile females and minorities this is also an issue that seems to be growing by the year. Law enforcement agencies made 645,000 estimated arrests of females under the age of 18 in 2001, between 1992 and 2001 the arrests of juvenile females generally increased more than the male category. The racial composition of the juvenile population in 2001 was 78% white, 17% black, 4% Asian/ Pacific Islander, and 1% American Indian. Most Hispanics were classified as white in contrast to their representation in the population, black youth were overrepresented in juvenile arrests for violent crimes, and to a lesser extent, property crimes of all juvenile for violent…
It is widely acknowledged in Australia and around the world that young people under the age of 18 should be subject to a system of criminal justice that is separate from the adult system. This is because young people often have lower levels of maturity, as well as knowledge when it comes to the law. Although morals and ethics form an important part of school education (helping young people to make sensible decisions), most aspects of the law do not become clear until they reach adulthood. In NSW young people are legally separated from adults when it comes to rights such as questioning, identification, forensic procedures, having the right to a support person and automatic legal aid. Young people also have a separate court to deal with their and separate legislation offences. The effectiveness of these judicial and legislative provisions inevitably has mixed results. This merits an ongoing monitoring and review process that aims to identify the legal issues faced by young offenders within the criminal justice system, and support and protect young people in the legal system.…
Once acknowledged, the question that emerges is why such disparities exist in the modern era of feminism and gender equality. Many sources argue that the prime reason for the evidently lesser sentences is the role of women is still very much invocative of maternal imagery. In a study from 1997, fifty-nine percent of women in federal prisons had minor-aged children (Covington and Bloom 8). This data, presented in a scholarly article written by two published PhDs, is further supported by a statement in a study created by the U.S Sentencing Commission, that argues “there is also reason for judges to believe that women are more instrumental in raising their children than their male counterparts” (129). The claim made by the Sentencing Commission, an agency of the United State’s judicial branch, solidifies the role that female stereotypes play in the nation’s society; if a woman is present in the home, her children are more likely to be functioning citizens in American society. Maternally invoked sympathy is believed to be a major component in the sentencing disparity that exists between men and women in the United States as women appeal to the sympathies of the prosecutor or judge in a unique-to-women way. In regards to the gender based incarceration discrepancies, the two genders should not be pitted against each other. There should not be a maternalistic or paternalistic lens on society and its function, instead, the judicial system needs to be solely based on the crime, not the…
The United States has maintained holding the record in having the world’s biggest prison population. The combined total of both the prisons and jails population is 2.1 million individuals. According to Marc Mauer (2004), in the United States, “we have the incongruity of the wealthiest society in human history using prison to a degree previously unknown in any democratic society” (p. 1). The heightening number of individuals we incarcerate has caused overpopulation within the prison systems. Thus, leading mass imprisonment to have a long-lasting negative effect on society in the 21st century.…
Who are adolescent sex offenders? In its basic and most simple form adolescent sex offenders could be defined as any juvenile male or female, approximately between the ages of 12 and 17 years of age who commit any sexual act with another person, unlawfully against that persons will, regardless of age limit. Research has suggested that adolescent sexual offenders are also embedded in multiple systems (family, peer, school) in which dysfunctional transactions are rather evident. There is also a general consensus that adolescent sexual offenders have difficulty maintaining close interpersonal relations and are isolated from their peers. Finally, a relatively high percentage of adolescent sexual offenders evidence behavioral…
5. What is the education level of the juvenile incarcerated in the state of Alabama?…