Joerizza Carloff
righttop2023
Joerizza Carloff
Mrs. Young
5/5/2023
400001000002023
Joerizza Carloff
Mrs. Young
5/5/2023
left250002672715[Document title]
900007300[Document title]
right2487930
Contents
TOC o "1-3" h z u Introduction PAGEREF _Toc130299680 h 1Nature and Scope PAGEREF _Toc130299681 h 1Viewpoint 1 PAGEREF _Toc130299682 h 1Legal Alternative 1 PAGEREF _Toc130299683 h 1Viewpoint 2 PAGEREF _Toc130299684 h 1Legal Alternative 2 PAGEREF _Toc130299685 h 1Recommendations PAGEREF _Toc130299686 h 1Conclusions PAGEREF _Toc130299687 h 1Bibliography PAGEREF _Toc130299688 h 1
Introduction (200)
Although the relationship between Aboriginal people and the Australian government have improved tremendously throughout the past decade, tension and conflict continues to exist within the two. Despite the efforts to improve the situation of over-representation of indigenous youth in criminal justice system, young aboriginals continue to be negatively represented in sentencing rates. The issue has caused citizens to request a law reform to address the causes of the issue and provide a more effective and just way to approach juvenile sentencing and still be culturally appropriate. Parts of communities view the current sentencing practise as an ineffective system that greatly impacts Aboriginal youth and lacks concern for rehabilitation and reintegration back into society. Although, the negative representation of the Australian government has caused fear and outrage within communities, a few conitinue to believe that the current legal system is simply treating Aboriginal people equally or possibly be even more lenient. Legal alternatives could be implemented to satisfy
Nature and Scope (300)
The disproportiante representation of Aboriginal sentencing of juvenile offenders and young adults aged 10 to 24 years old is a complex and comfornting challenge for the Australian government in relation to their commitiment for closing the inequality towards indiegenous disadvantage (Parliament of Australia, 2010). This disproportionate representation is influenced by various factors such as, past and current systemic discrimination, poverty, family issues and limited access to education or employment opportunities. According to the ,,,,,Although, despite the efforts made by the judiciary, government officials and organisations around Australia, Indigenous juveniles and young adults still continue to be more inclined to be incecarated especially since the release of the 1991 report on the royal commission into Aboriginal custody (Parliament of Australia, 2010). The high rise of incerated rates not only contributes to the intergenerational trauma within aboriginal communities, it also has a significant affect on the government and the wider society due to the economic costs of detention and incarceration, lost productivity and reduced social cohesion. The governments inability to properly address the issue concerns community and leading them to suggest for a rethinking of law reform (Boersig, 2013). Therefore, addressing the issue of Aboriginal sentencing of juvenile offenders Is crucial to ensuring that aboriginal youth are treated fairly and equitably within the criminal justice system and assist in improving the outcomes of aboriginal communities.
Viewpoint 1 current sentencing practises do not focus enough on rehabilation and reintefration into the community and mentally harms the child (300)
Throughout the past 10 years the government has attempted to fix the overrepresentation of indigenous youth with two major forms of governance as strategies, public policy and judicial governance within the court system (Boersig, 2013). Although the gocernments current sentencing practises in involve equality and justice for young ofdenders who are placed in court as it applies to the principles of sentencing, the lack of consistency and poor management continues to be a concern. Although children may be capable of performing offences similar or exactly the same way as adults, the law does recognise the many differences between the two that exist. Children are commonly more vulnerable, emotional and impulsive and still differentiating between whats right and wrong which may lead to them offending. Factors such as, unsafe living environments, Legal Alternative 1 diversionary programs, restorative justice programs (300)
https://www.savethechildren.org.au/media/media-releases/save-the-children-report-shines-light-on-childViewpoint 2 The history of Aboriginals influence the outcomes of current indigenous offenders
With the high rates of Indigenous people in jails and appearances in court, it can be argued that the culture and history of Indigenous people perfectly explains the current issues of the indigenous population. The post-colonial theory suggest the legacy of colonoliasm and imperialism, it examins the traumatic experiences of how colonised peoples were oppressed and exploited by colonial powers which still continue to shape the world today (Idriss, 2019). Due to the long history of marginalisation and discrimination, the rate of poverty, unemployment and poor health outcomes have increased greatly. This has contriubuted to the high rates of indigenous incarceration as indigenous people are overrepresented In the criminal justice system.
Understand how and why act the way people think today cant act without understanding the past. Influences opinion from the past
Legal Alternative 2 restorative justice repairing harm done to the victim and the community
Recommendations (200)
Conclusions (100)
Bibliography
Parliament of Australia. Chapter 2 Indigenous Youth and the Criminal Justice System: An Overview Parliament of Australia. Parliament of Australia, 2010, www.aph.gov.au/Parliamentary_Business/Committees/Committees_Exposed/atsia/sentencing/report/chapter2.
https://bond.edu.au/news/rethinking-youth-justice-there-are-alternatives-to-juvenile-detentionhttps://epress.lib.uts.edu.au/student-journals/index.php/NESAIS/article/view/1474/1587https://www.tandfonline.com/doi/full/10.1080/13676261.2020.1869193
