Racism and the Australian Criminal Justice System

Introduction

It is clear that Indigenous people in Australia have experienced much higher rates of interaction with the criminal justice system than non-Indigenous people. Evidence shows that information on police proceedings against alleged offenders implies an offending rate by Indigenous individuals of about 1 in 10, compared to 1 in 79 for the non-Indigenous population, though this figure does not include information from all states. What is definite is that Aboriginal adults in Australia are approximately 14 times more likely to be imprisoned than non-Indigenous people, and this gap continues to grow. Indigenous adults are incarcerated at a rate of 2,308 per 100,000. In other words, 1 in 43 Indigenous adults is currently in prison. Twenty-five percent of inmates in Australia are Indigenous. This paper examines whether the criminal justice system itself is a major institutional cause of the "bleeding rift" between Indigenous and non-Indigenous communities, whether progress has been made, and what role specialist Indigenous courts play in addressing these disparities.

Aboriginal People and Law Enforcement

Research shows that in Australia there is a divide between Aboriginal and non-Indigenous populations regarding crime and criminal justice interaction. However, much of this divide relates to police interactions, as in most cases police are non-Indigenous. Furthermore, discrimination and racism is handled differently by each police officer, and in numerous cases officers who act with prejudice may believe they are simply performing their duties as they have been trained. This practice of racism, though not always obvious in empirical research, represents a form of indirect racism. Police officers may believe they are accurate in their duties, as their definition of who is a "suspect" and basic "common sense" approaches have been constitutionally defined for them. However, this overlooks the fact that Aboriginal people are viewed as easy targets for police activity by the non-Indigenous community. Sometimes this occurs deliberately to divert attention from non-Indigenous crime rates. This also helps non-Indigenous groups develop more prejudiced views toward Indigenous people, further widening the rift.

In Australia, as worldwide, Indigenous Criminology remains in the early stages of paradigm development. The effects of Indigenous Criminology have potential impact for communities and Indigenous people. Research shows that the conceptualization of race as a variable in criminal justice involvement cannot be discounted, as it is causing significant division among communities. Australian corrective institutions provide evidence of racial discrimination. For example, Aboriginal and Torres Strait Islander individuals are significantly over-represented in corrective service establishments. Racism and discrimination have been significant factors in understanding the notably high number of Indigenous people involved in the criminal justice system. The comparative difference and impact of racism on Aboriginal persons cannot be equated with what non-Aboriginal individuals experience.

It is clear that racism and discrimination against Indigenous people in Australia is a lived reality. In Australia, it exists in many aspects of socioeconomic life and within government institutions. Discrimination and racism occurs in every sphere where one group has more authority than another. The area where disparity and discrimination is most extensively apparent in Australia is the relationship between the criminal justice system, the non-Indigenous community, and Aboriginal people. According to criminologist Chris Cunneen, part of this rift occurs because of racist remarks and stereotypical concepts perpetuated by the mainstream against disadvantaged groups. The level of racism can be severe and prevalent in Australian society. Research indicates that "racism is rooted in every aspect of Australian society," and in relation to the criminal justice system, Indigenous people are subject to "continuous humiliation, police bullying and cruelty from the time they are born in this world." Additionally, scholars point out that racism in the Australian criminal justice system is not merely subjective. They maintain that "police unrestricted powers and racism in process is one of the explanations for the high degree of Aboriginal imprisonment." In 1998, the Police Service in New South Wales established the NSW Police Service Aboriginal Intentional Plan and Strategy Declaration in response to these concerns.

The Bleeding Rift: Historical Discrimination and Deaths in Custody

It must be understood that the separation between non-Indigenous and Indigenous Australians extends far back in Australian history. Racism in Australia begins from birth for Indigenous people. According to Chris Cunneen's extensive investigation into Aboriginal juveniles and criminal justice procedures in Australia, records show that Aboriginal juveniles experienced tremendous amounts of racist language from law enforcement: "in general 90 percent of Aboriginal respondents reported the use of racist language by police officers... the language used by police officers included words such as 'black bastard,' 'Abo,' 'black dog,' 'coon,' and 'black sluts'." A recurring subject in the history of public order lawmaking in Australia has been the manner in which Aboriginal people have been treated. Research specifies that in more recent times, "specific reference has been made to circumstances where an arrest for a single minor offense such as aggressive language or violent behavior inflames a dispute with police, leading to further serious charges such as resisting arrest and assaulting police." Commissioner Wootten, in an investigation into the death of David Gundy, resonated these concerns:

"It is certainly time that police learnt to disregard mere abuse, not to mention 'bad language.' In this day and age many words that were once looked at as bad language have now become commonplace and are used in the midst of police no less than among other people."

The rift between non-Indigenous and Indigenous Australians has widened because of this racist name-calling. Non-Indigenous community members hear police using this offensive language and repeat it without second thought. However, research expresses that racist remarks and stereotypical perceptions by the mainstream are nothing new to disadvantaged groups. Racism is deeply embedded in Australian society, especially with the criminal justice system playing a significant role in perpetuating it. In fact, "racism is entrenched in every aspect of Australian society."

Researchers argue that any fair examination of discrimination toward Aboriginal individuals throughout criminal justice processes would recognize a sense of unrest and concern at how the Australian criminal system has functioned in relation to Aboriginal Australians. Continuous racism toward Indigenous individuals regularly results in increased violence and degrading language from the non-Indigenous community.

It is now clear that the Australian criminal justice system is not fair toward Aboriginal people, and society is biased toward Indigenous people. The criminal system portrays them as uncivilized people who know nothing but crime. However, it is unsurprising that the non-Indigenous community holds these notions, given the racism expressed by media, courts, and police. This perception is reinforced by numerous high-profile cases. For example, multiple deaths of Indigenous Australians in police custody have occurred throughout Australia. In a case study of Eddie Betts, Eddie was the sixteenth Aboriginal person to die in police custody due to racial profiling and discrimination. The death of Edward Murray in Wee Waa is another death in custody reflecting distrustful situations involving police custodial officers. This pattern is evident in the killing of Mark Quayle. Coroner's conclusions for both deaths stated they resulted from assailants unknown. However, the Redfern attacks in February 1990 involved 135 police from the Tactical Response who arrived before dawn. Studies show that the raid was allegedly led at the request of the community over concerns about rising heroin and crime abuse in the region. Notably, the raid resulted in only one charge for drug use. These incidents reported by the criminal justice system have further widened the rift in the non-Indigenous community, depicting the Aboriginal community as criminals. Non-Indigenous crime appears to receive less attention, with the spotlight focused more on the Indigenous community.

Conclusion

It is clear that there is a bleeding rift between Indigenous and non-Indigenous communities, and so far there does not appear to be much progress due to the ongoing racism from the non-Indigenous community. Even the function of specialist Indigenous courts has come under fire because some believe they are not effective or strict enough. It is evident that Indigenous sentencing courts have the potential to empower Indigenous communities and challenge the dominant viewpoint of "white law." However, addressing systemic racism in the criminal justice system requires more than specialized courts—it demands fundamental institutional and cultural reform.