Indigenous Perspectives in Criminal Justice Essay Example

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Criminal Justice 1

Indigenous Perspectives in Criminal Justice

Indigenous Perspectives in Criminal Justice

Social justice in any society addresses the mannerisms of social control through the policies made and implementation of the policies. Government in the world attempt to accomplish these polices through its institutions and a code of practices (Dinsmor 2013). Implementation of polices involves sanctions and penalties that apply to lawbreakers and those who commit crimes. The arms of government that are in charge of implementing the system ensure that the accused persons enjoy their rights from abuse through investigative practices. Implementation of criminal justice takes different forms as the society responds to the indigenous cultures that exist. The Australian continent embraces justice through a system of governance (Walker 2015). This system is aware that the defined needs of the people and the society dictate the justice systems and the modes of implementation. The indigenous aspects of Australian criminal justice system are outstanding and they are aimed at maintaining lawfulness through arms of governance. The outcomes of this criminal justice system are evident in the uncompromised mannerisms of governance. All the arms of government are readily at work to ensure that all offenders are punished duly and justice is served accordingly.

Indigenous Social Disadvantage

The social disadvantage, also known as the ‘Closing the Gap’ was a commitment by the government of Australia towards eliminating the Gap within the social classes (Dinsmor 2013). There is a huge difference in terms of the health situation of the indigenous and exotic members of Australia. There are other issues like life expectancy between these groups based on their lifestyles and access to resources. Closing the gap also involved fighting unemployment and general poverty between the two groups and ensuing that equal opportunities are provided to them. The social disadvantage of the indigenous groups prompted the government to devise mannerism of achieving the balance and empowering the indigenous people to live better lifestyle (Walker 2015). Closing this gap also entailed reducing the number of child mortality and thereby increasing the growth of the indigenous generation through assurance of life from birth. The situation at Australian community was needy especially indigenous people (Sunga, 2013). This demographic group was in need of ideal solutions to their social rights. The social disadvantage that existed called for the government to strategize on policies that address these problematic issues for better lives.

Critical Analysis

According to Javier Espinoza, the situation of the education system for Aboriginal group is devastating. The author presents the situation as desperate as poor education further creates disadvantage. The outcomes of the poor education system that the Aboriginal encountered was bound to produce inadequate citizens. The gap is yet to be closed with more ideals on education system and teachers (Javier, 2003). The issues that the Australian government was obligated to solve include poverty and unemployment as well as high mortality rates among the natives (Dinsmor, 2013). The inability of the natives to access quality education and ideal medical services was a point of concern. This called for an immediate change in the justice system to accommodate the matters of concern. The laws made about these atrocities experienced by the natives and cushioning them from the ugly incidences that they went through. There was notable improvement from ‘Closing the gap’ campaign as more natives were able to access ideal healthcare services and improved education. The education standards provided them with a chance to pursue unique cares that would grant them well-paying jobs. Healthcare was another important agenda in the ‘Closing the gap’ policy. Health care is the key to development and industriousness and therefore any economy is unable to grow with unhealthy citizens. This was the case for Australia as it focused on empowering its citizens through better health services to keep up with the spirit of ‘Closing the gap’. Part of the policy to provide justice to the natives was through creation of more medical outlets to serve the needs of the natives and enhance social advantage. The scramble for healthcare in Aboriginal Island was reduced as the natives focused on more constructive activities having received ideal medical care. The value of services at the medical centers was equally elevated to be more hospital to the patients. This gesture was inevitable in the sought for social advantage to the Australian natives. The governments involved incorporated more efforts to push for improved attitudes for a brighter future (Sunga, 2012).

Another social advantage that was growing rapidly among the natives was youth suicide. There was a steady increase in this crime as more young people committed suicide from mental health issues and self-harm. This was a worrying reality as more than 45% increase in the youth suicide cases was among the indigenous community (Neocleous,2004). These deaths were steadily rising and the government had to reconsider its criminal justice system to control the situation. With the rate of child mortality and youth suicide rising among the native like the Aboriginal community others, the government had to act fast to control the situation (Dinsmor,2013). This was a worrying trend that could have eaten into the population of indigenous members of society against the exotic members. The criminal justice system was amended to provide education and awareness on mental health and value of life. The suicides that are a result of frustration from the family and the social level are possible to eliminate through better social advantage and psychological assistance.

Underpinning Ideologies

Nick Phillips presents the situation of the indigenous community as stricken with poverty. The situation affected mostly children who were forced to live in deplorable situations. The adulthood of these children was equally met with psychological issues that called for psychological training (Nick, 2015). The state of social injustices in Aboriginal was a reality that was met by efforts by the government to improve on the critical situations identified. The gap between the natives and the exotic generation was widening with more advantages going to the exotic population while the natives suffered from social atrocities. As much as the criminal justice system embarked on a campaign to ensure that, the indigenous community closed in on the gap, there is still more efforts that are required to ensure that the gap is totally closed. In their campaign, ‘Closing the Gap’, the measures were short lived as the problems were long lasting and notorious. The nature of the social disadvantage in Aboriginal are require lasting solutions to eliminate the culture of poverty, unemployment, infant mortality among other disadvantages (Dinsmor, 2013). More needs to be done to heal the indigenous demographic group from the effects of social atrocities and disadvantage (Neocleous, 2004). Aboriginal people have a vast population that has a variety of needs, some of which have not been addressed by the criminal justice system and the Closing the gap policy. This gap may be closed with more strategies on the issues of poverty leads to social evils like youth suicide, poor education and eventual unemployment (Walker 2015). There is a need for Aboriginal community to establish a clear vision of where they want to being future and the changes they want to experience (Neocleous 2004). The current situation that provides the exotic people to get more social advantage is bound to remain the same if the strategies fashioned by the government are not innovative. The social problems encountered by the aboriginals are real and they require dynamic solutions to eliminate the problems from their roots. The issue of higher hospitalization rates placed on the Aboriginals can only reduce with major political and legal intervention by the government. Major changes call for major plans and resources to ensure that all aboriginals benefit from the policies and award them equal social life to exotic communities (Walker 2015)

The author in the article presents a new dimension on the efforts by the Australian government on fighting the variation between the natives and the exotic group in terms of their social statuses. The margin between the two communities remains noticeably huge as the natives have not realized the full impact of the new criminal justice system (Sunya 2012). The situation at Aboriginal was needy and the policies formulated to control the gap between the groups are yet to fully materialize. The challenge of joblessness and poor education means that the policies may take more time to take effect and introduce a generation that is free from ignorance. The new culture free form ignorance will be innovative having received the skills to provide innovative ideas for their current market. This lot will be competitive in their career choices chosen and they will provide quality labor for the existing industries (Dinsmor 2013). The housing structure for non-indigenous persons in Aboriginal is still twice as good the natives’. This gap is yet to be eliminated. This comes from the median income of the exotic community that is much higher than that of the natives. This difference still exists today and it creates a sense of urgency to strike a balance from the incomes and the housing units for both groups (Sunya 2012). The criminal justice system has to introduce remuneration patterns that do not discriminate the natives from the exotic people (Neocleous 2004). In the cases of assaults arising from family feuds, the natives have been experiencing higher hospitalization rates as compared to those of exotic groups (Walker 2015). The rates were 26 times more than those of other Australians were and this displays a lot of partiality and discrimination (Dinsmor 2013). The family related cases leading to violence are unpredictable and sometimes involuntary and the cases should be addressed when it comes to rates in hospitalization. This reality points out failures in the revised health care system that was meant to cater for all the indigenous needs and introduces social advantage (Walker 2015). The author however adds that there is hope for a closed gap among the indigenous and the exotic demographic groups. The author points out that there are major adjustments on the criminal justice system and implementation strategies can elevate the indigenous population and equate them to the exotic members of Aboriginal community.

References

The Sydney morning Herald, (2015) Parental training may offset health problems linked to social disadvantage, study shows. Retrieved November 2 2015 http://www.smh.com.au/technology/sci-tech/parental-training-may-offset-health-problems-linked-to-social-disadvantage-study-shows-20140721-zvd58.html

The Telegraph, (2015)
Turbo-charge’ young teachers’ careers to get them to teach in tough schools, says social mobility tsar. Retrieved November 2 2015 http://www.telegraph.co.uk/education/educationnews/11734661/Turbo-charge-young-teachers-careers-to-get-them-to-teach-in-tough-schools-says-social-mobility-tsar.html

«History». Marine Support Unit. Metropolitan Police. Archived from the original on 2007-07-16. Retrieved 2007-02-10.

Dinsmor, A (Winter 2013). «Glasgow Police Pioneers». The Scotia News. Retrieved 2007-01-10.

FBI (2009). THE FBI: A Centennial History, 1908-2008. Washington,D.C.: FBI. p. 138.ISBN 978-0-16-080954-5.

Harper, Douglas. «police». Online Etymology Dictionary. Retrieved 2007-02-08.

Neocleous, Mark (2004). Fabricating Social Order: A Critical History of Police Power. London: Pluto Press. pp. 93–94. ISBN.

President’s Commission on Law Enforcement and Administration of Justice (1967). The Challenge of Crime in a Free Society. U.S. Government Printing Office. ISBN 0-306-70124-3

Schmolka, Vicki. «Principles to Guide Criminal Law Reform». Department of Justice, Government of Canada.

Sunga, Lyal S.(2012) The Emerging System of International Criminal Law: Developments in Codification and Implementation,1997. Kluwer Law International. The Hague, The Netherlands.

The Telegraph.(2015)Unaccountable Criminal Justice system must change, 18thJune, 2015

The Criminal Appeal Act 1995, section 8(6); The Criminal Procedure (Scotland) Act 1995, section 194A(6)

Walker, Samuel (2015). A Critical History of Police Reform: The Emergence of Professionalism. Lexington, MT: Lexington Books. p. 143. ISBN 0-669-01292-0. ISBN.

Walker, S. (2015). «Origins of the Contemporary Criminal Justice Paradigm: The American Bar Foundation Survey, 1953-1969». Justice Quarterly 9 (1): 47–76.doi:10.1080/07418829200091251.