Question
I have gone over the word limit. Can you help me reduce it doen to 1500 words? Thanks kindly. Your journal article will include the
I have gone over the word limit. Can you help me reduce it doen to 1500 words? Thanks kindly.
Your journal article will include the following sections:
1. Introduction and positioning the author
- 200 words
- See Topic 1 to prepare for this section.
2. Settler colonialism and racial ideology
- 320 words
- see topics 2 & 3 to prepare for this section
3. Policies/practices from 1788-1991 and their impact
- 320 words
- See Topic 4 & 5 to prepare for this section
4. Indigenous Australian peoples' relationship with the selected profession
- 320 words -
- see Topic 6 to prepare for this section
5. Partnership building
- 250 words
- Apply your ideas from each previous section
6. Conclusion (100 words)
- Briefly sum up the arguments in your article.
7. Reference List/bibliography.
- Your journal article should broadly follow the structure of articles in the selected journal and be tailored for a specific criminal justice profession.
- Content relating to this task can be found in the learning activities and readings within Topics 1-6.
- The scenario is fictitious and is used to provide an authentic context to your writing.
JST123 Required Readings Module 1 Topics 1 - 6
*** NOTE: students will need to format these sources into either APA 6th or AGLC4***
Topic 1
Ranzjin, R., McConnochie, K. R., &Nolan, W. (2009).Introduction to cultural competence .In Psychology and Indigenous Australians: foundations of cultural competence (pp. 3- 12). South Yarra, VIC : Palgrave/Macmillan
Topic 2
Australian Law Reform Commission(1986) Recognition of Aboriginal Customary Laws (ALRC Report 31), Sections 4, 8, and 28,https://www.alrc.gov.au/publications/report-31
The University of Sydney, (2014), Kinship Learning Module,http://sydney.edu.au/kinship-module/learning/1-welcome-acknowledgement.shtml
Topic 3
Johnston, E. (1991). Royal Commission into Aboriginal Deaths in Custody. Volume 1, part 1.2, "The Lives of Those who Died".
Broome, R. (2010).Chapter 2: The Eora Confront the British inAboriginal Australians: A history since 1788, Allen & Unwin, Crows Nest NSW.https://ebookcentral.proquest.com/lib/CSUAU/detail.action?docID=840145
Topic 4
Eckermann, A. (2010). Background to Aboriginal/non-Aboriginal interactions in Australia.inBinanGoonj: Bridging cultures in Aboriginal health(3rd ed.) (pp. 1-42).Chatswood, NSW: Churchill.
Prentis, M. D. (2009).The protection era, 1855-1937. InA study in black and white : the Aborigines in Australian history(3rd rev. ed.)(pp. 128-141). Dural, N.S.W. : Rosenberg
Topic 5
Commonwealth of Australia. (1997). Bringing them Home: Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families, Part 2: Tracing the History Part 3 Consequences of Removal
Topic 6
Johnston, E. (1991). Royal Commission into Aboriginal Deaths in Custody. Volume 1, part 1.2, "The Lives of Those who Died". Available at: http://www.austlii.edu.au/au/other/IndigLRes/rciadic/national/vol1/11.html
Assignment Answer:
- Introduction and positioning the author
I have been exposed to Indigenous Australian cultures for many years of my academic studies (Ranzjin et al., 2009).I am in my 40s as a law student; I wish to be a lawyer; the following are my perceptions and things that have self-identified me as a non-indigenous Australian(Ranzjin et al., 2009). I can relate that it means I do not have the same barriers as Indigenous Australians(Ranzjin et al., 2009).I have a background in indigenous studies(Ranzjin et al., 2009).I live near Redfern, an Indigenous Australian-based suburb (Ranzjin et al., 2009). I have been privileged to interact with Stan Grant and worked for the National Indigenous Excellence Centre in Redfern.
I am aware of generational deficient issues of Indigenous Australians, such as not completing high school and higher education completion(Ranzjin et al., 2009). Education needs to be a clear right for Indigenous Australians(Ranzjin et al., 2009). There are barriers in institutions that are developed with Western values based on the dominant culture's values. Society is Eurocentric, and many materials with the Aboriginal Legal Service within the educational system(Ranzjin et al., 2009). The pressure to conform to their nationality is not enough, as they must comply(Ranzjin et al., 2009). The system is based on our cultural values. It is an example of privilege, e.g. systemic bias, as it disadvantages Australian Indigenous people(Ranzjin et al., 2009).
2. Settler colonialism and racial ideology
The following has significantly coloured the Indigenous Australian race regarding racial ideologies from settler colonisation and racial ideology from The Colonial era (1788 - varying dates) ((Home, 1997). The policies and assimilation policies were part of the early 1900s of the protection eras to "Smoothing the Pillow of Dying Race" (Home, 1997, p. 4). The following four influenced settler colonisation and racial ideology the Colonisation Colonial Era (1788), Protection (1869 -1967), "Three Generations," and the Stolen Generations(Home, 1997, p. 6). The Great Chain of Being and social Darwinism influenced policies and the ideas of the Australian Government (Home, 1997).The board aimed to absorb the Indigenous Australian culture, the inferior race, into the colonial culture (Home, 1997).
The racial ideology and belief that led to the Protection Actswere the Great Chain of being superior to the colonists and that the Indigenous Australians were inferior (Home, 1997).There is an assumption of homogeneity in the dominant culture of Indigenous Australians(Home, 1997).The non-Indigenous Australians would put Indigenous Australians on reserves, which was in the legislation as in Criminal justice for Indigenous Australians (Home, 1997).
British rulership in the Australian colony was the more capable race (Home, 1997). There were discriminatory and paternalistic practices in the Australian Government (Home, 1997). The racial ideology and the settler colonisation were movements to do things according to the non-indigenous people for their safety (Home, 1997). For example, the masseurs were a means for first settlers to own the land, as the Indigenous Australians did not own the land under British rule (Home, 1997).
The Great Chain of Being assumed their culture was better than others (Home, 1997). Non-indigenous Australians controlled the Indigenous Australian lifestyle the policies outlined their education, child practices, and the child's condition(Johnston, 1991). The Indigenous Australian child could be taken from their parents and apprenticed to their new carer(Johnston, 1991). The carers had a right to control and punish them as they were incapable(Johnston, 1991).
3. Policies/practices from 1788-1991 and their impact
The Policies and legislation for Indigenous Australians from 1788- 1991 have caused cultural barriers in Australia between the communities of Indigenous Australians (Prentis, 2009). They have caused disproportionately towards Indigenous Australians from members of the dominant culture (Prentis, 2009).White Australian Policy did not consider Indigenous Australians as it was an absence of first nation people from the top down in the policing and areas in the criminal justice system (Prentis, 2009). Initially, there needed to be cultural competency for things to filter through (Prentis, 2009). We are moving in a better direction regarding the Australian and political practices that have helped the cultural barriers with language and geographical communities (Prentis, 2009). Social norms and indigenous cultures are diverse, and knowledge of one does not substantiate all the other Indigenous nations in Australia (Prentis, 2009).Homogeneity assumes that all Indigenous cultures areidentical(Prentis, 2009).
The introduction of the Protection Actswas a legitimising of the power of one group over another (Eckermann, 2010). The Protection Act No. 25 (1909) was an act to confirm the self-confirmation bias of the Australian supreme culture (Eckermann, 2010).The Protections Acts were for non-Indigenous Australian people "for the good of the Indigenous Australians" (Eckermann, 2010, p. 9). The Protections Actsin each state were a control measure; some were harsher than others to the Indigenous Australians(Eckermann, 2010). The board were more powerful than the Indigenous Australians. For example, the Indigenous Australian could not own a blanket (Eckermann, 2010).The policies stated the non-Indigenous Australian people's conditions, e.g., money, home, job, and family lifestyle (Johnston, 1991). The non-Indigenous Australians wanted control over Indigenous Australians' land (Eckermann, 2010).
The Policy's impact was to segregate and protect Indigenous Australian from other cultures (Eckermann, 2010). When looking at the words protect, the policies' role is to protect (Eckermann, 2010). However, the policies were not protecting Indigenous Australians but instead controlling them. Instead, Australians make assumptions about what we see, which may go against us (Eckermann, 2010). The politicians say we are Australian, but what is Australian(Prentis, 2009)?
The Frontier wars were the start of the Colonial Era (1788 - various dates) (Prentis, 2009). The approach was that the non-Indigenous landholders had the right to protect their land and cattle and sheep from their land from Indigenous Australians (Eckermann, 2010). The map of the massacre sites has to do with settlement as it was functional as it goes with gold and farming (Ngara Yura Program update: The Colonial Frontier Massacre Map Project, 2020).As a result, there were conflicts and masseurs (Ngara Yura Program update: The Colonial Frontier Massacre Map Project, 2020). Indigenous Australians were trying to protect their land, and non-Indigenous Australians were destroying their lifestyle (Home, 1997).Report of the National Inquiry into the separation of Aboriginal and Torres Strait Islander children from their families (Home, 1997).There was a fear that Indigenous Australian would take over non-Indigenous Australian culture; it was a culture clash (Eckermann, 2010). Instead of making a treaty with them, they imposed their inherent system and oppressed the existing culture for their power (Eckermann, 2010).
In contemporary times non-Indigenous Australians were moving to be enlightened and better with international laws(Johnston, 1991). The non-Indigenous Australians did wrong; we cannot change the past(Johnston, 1991). Indigenous Australians have been victimised and have recognition due to this(Johnston, 1991).The horrific beliefs about Indigenous Australians formed from non-Indigenous Australians were stereotypical in contemporary issues, and they influenced law enforcement, e.g., the policeofficers with racial issues(Eckermann, 2010). Stereotypes about Indigenous Australians are laziness, alcoholics, unemployable, and domestic violence prone (The University of Sydney, 2014). There are no stereotypes of the dominant culture; we see them as individuals who are the most influential in Australia (Eckermann, 2010). Australians do not have a collective view; non-indigenous Australian people are all the same (Eckermann, 2010).
We look at the past and see if we have a right to do that. The belief was that Indigenous Australian were not doing anything with the land (Eckermann, 2010). For example, a massacre happened due to Indigenous Australians taking some fruit in Bathurst (Milliss, R. (1994). Indigenous Australians did not see anything differently as sharing; however, the cultural difference was that western society saw it as theft (Milliss, 1994).However, it could be seen as theft as represented in a nation founded on Christian principles (Eckermann, 2010). It legitimised history as the western culture was under threat (Eckermann, 2010).
In a contemporary context, non-Indigenous Australians do not wish to be seen as stereotypical of Indigenous Australians (Eckermann, 2010).However, in history, we wish to be seen as the hero that we tamed a nation and are proud of our heritage (Eckermann, 2010). It is a history that occurs when we do not listen to Indigenous Australians, e.g., no treaty and Terra Nullius(Eckermann, 2010).
Non-Indigenous Australians did not have rights due to their beliefs and could not testify in a court of law as they needed to be catholic (Eckermann, 2010). In the Mill Creek massacre in 1838, the Windadye people were punished under the law and could not prosecute and provide testimony (Milliss, 1994). The case went to court twice as it was the first time a non-indigenous person was prosecuted on trial for killing an Aboriginal person(Milliss, 1994).
The people introduced marshal law to enforce specific rules to control safety in the area and an increase in hunting parties after the aftermath of that massacre (Ngara Yura Program update: The Colonial Frontier Massacre Map Project, 2020). In the justice system, people have a right to representation; it is fair and equitable(Milliss, 1994). In the 1977 Referendum, Indigenous Australians are counted in the census from the commonwealth (Arcioni, 2012).
Assimilation/ Absorption policy
The Australian Government implemented biological removal to cultural assimilation so the Indigenous Australians would not die off (Dodson et al., 1991). Removing their culture by having Indigenous Australians marry non-Indigenous Australians by absorbing them into the dominant culture over time (Johnston, 1991). Assimilation was to address what was seen as a problem as the Indigenous Australians were still here, the phrase "the Aboriginal problem" (Coleman, 2019, p. 8).Hancock suggested the Aboriginal problem solution from the 1980s was sterilisation (Coleman, 2019).Hancock's point of view was from entitlement, saying that the Aboriginals must be dictating how they should live (Coleman, 2019).
4. Indigenous Australian peoples' relationship with the selected profession
The represented adult Indigenous Australian population is 3.3% in Australia (NITV, 2021). With an overrepresentation of 29% of males and 34% of females incarcerated (NITV, 2021). It reflects systemic systems and characteristics as they were charged and jailed (Johnston, 1991). Why are non-indigenous Australians in there than Australians? (Australian Bureau of Statistics, 2021)
The legislation does not cover Indigenous Australian cultural needs (Commonwealth of Australia, 1997). For example, they have been neglected; there is an indifference towards them, they have a lack of hope, a lack of consultation and a lot of their decision-making is destructive (Commonwealth of Australia, 1997). There is a lack of services for them, e.g., counselling, support, or social services (Commonwealth of Australia, 1997). Many juveniles are in the juvenile justice system. Moreover, they are being jailed as adults if they get a criminal record. Indigenous Australians are often neglected in the Australian system, lacking opportunities, support, social services, health services, and respect for their identity (Commonwealth of Australia, 1997).
Demonstrating and developing cultural competency and awareness is essential because good competency helps communicate more effectively (Commonwealth of Australia, 1997). For example, the application of Bennett's Developmental Model of Intercultural Sensitivity (DMIS) (Rawnsley et al., 2018).It assisted workers in the court in considering other programs to prevent incarceration or repeat offending (Grant, 2016). Part of this process is to first identify and reflect on areas of known and unknown knowledge to empathise better and address the challenges Indigenous Australians face in the criminal justice system (Rawnsley et al., 2018). Education improves social skills and the community (NITV, 2021). The ability to develop one's social competency to be authentic and competent is to assist Australian Indigenous people in the social justice system, e.g., in custody and victims of domestic violence (Charlton, 2021). Untreated traumas may lead them towards the wrong path (Rawnsley et al., 2018).
Cultural competency and awareness of Indigenous Australian people compatibility, the justice agencies and legal services would need to be Indigenous Australian people operated (Rawnsley et al., 2018). Cultural competency protects non-Indigenous Australians to be fairer with Indigenous Australians and to understand the barriers to have a better outcome for everyone (Commonwealth of Australia, 1997).
5. Partnership building
The policies we can work with aboriginal people, recognise that all Indigenous Australians are not all the same, and make sure we are aware of our own biases as we can include them in policymaking(Prentis, 2009). It recognises we need to get it right with the Australian policies. It is not their fault that things have gone wrong, which means we have always gotten it wrong(Prentis, 2009). By developing cultural competency and working with people to develop cultural competence and insights by being aware of cultural biases(Prentis, 2009). As a lawyer, professional awareness and professional value is integral to practice(Prentis, 2009). It is integral to many cultures to be aware of our biases and not act on racial ideologies(Johnston, 1991).Working in partnership with justice institutions and communities and the systems, including Indigenous Australians, will help empower Indigenous Australians in society and move towards self-determination and areas of policies rather than making decisions for people instead of their consultation(Prentis, 2009). System factors have to do with the reincarceration rate for Indigenous Australians (Johnston, 1991).
We can include inclusive policies that recognise cultural needs, e.g., for youth(Prentis, 2009). The factor that may contribute to crime is socio-economic hardship (Prentis, 2009). Policies can help prevent them from going through the system. E.g., the trade school for indigenous Australians as the trade school is excellent for suiting their culture(Prentis, 2009). We have learnt some of our attitudes from our families and professions(Prentis, 2009).They can have an influence, and they can play out in the criminal justice system(Prentis, 2009). We are giving youth more chances than punitive(Prentis, 2009). In the courtroom, the beliefs of the police force can be different in how they treat indigenous people, and this is for the workers in the jail(Prentis, 2009).
- Conclusion
The positioning will influence my job in the legal system, where there is a legacy and discussion of the policies and racial ideologies. It will influence the legal profession and historical and contemporary issues(Prentis, 2009).
Social justice and equity can recognise agencies' achievement to achieve The Protection acts, and current Indigenous Australian-related policies should not influence actions and dictate thoughts (Broome, 2010). When the people booed Adam Goods, there would not allow their offences to legitimate their actions (De Souza, 2018). The slippery slope of negative social ties among Indigenous Australians can perpetuate(Eckermann, 2010). It is about being courageous, justice and respectful and practising justice in life. Toxic relationships and toxic thinking do not work to help society flourish. Being placid and harmonious can help a society's social views grow positively(Eckermann, 2010).
Reflecting is about making adult decisions and being empowered(Ranzjin et al., 2009).Stand Grant's speech and quote, "We are better than that" (Grant, 2016, p. 12).They empowered non-indigenous Australians to make better decisions that will affect adults and children for generations to come(Eckermann, 2010).Other societal issues are cultivated through empowerment, solutions, and problem-solving(Eckermann, 2010).
Reference
Arcioni, E. (2012). Excluding Indigenous Australians from 'the people': a reconsideration of
sections 25 and 127 of the Constitution.Federal Law Review,40(3), 287-315.
Australian Law Reform Commission(1986) Recognition of Aboriginal Customary Laws
(ALRC Report 31), Sections 4, 8, and 28,https://www.alrc.gov.au/publications/report-31.
Australian Bureau of Statistics. (2021).Prisoners in Australia. ABS.
https://www.abs.gov.au/statistics/people/crime-and-justice/prisoners-australia/latest-release.A study in black & white; the Aborigines in Australia history, 3d rev. ed. (2009). Reference & Research Book News,24(4). Ringgold, Inc.
Broome, R. (2010).Chapter 2: The Eora Confront the British inAboriginal Australians: A
history since 1788, Allen & Unwin, Crows Nest NSW.https://ebookcentral.proquest.com/lib/CSUAU/detail.action?docID=840145
Charlton, G. C. (2021). Indigenous over-incarceration and individualised justice in light of
"Bugmy v The Queen."Australian Bar Review,50(3), 427-445.
Coleman, M. (2019). Flagging support. Arena Magazine (Fitzroy, Vic), (158), 8-9.
https://search.informit.org/doi/10.3316/ielapa.238582268806579
De Souza, P. (2018). What does racial (in)justice sound like? On listening, acoustic violence and the booing of Adam Goodes. Continuum (Mount Lawley, W.A.),32(4), 459-473. https://doi.org/10.1080/10304312.2018.1488524
Dodson, P., Wootten, H., O'Dea, D., Wyvill, L., & Johnston, E. (1991). Royal Commission into Aboriginal deaths in custody.
Eckermann, A. (2010).Background to Aboriginal/non-Aboriginal interactions in
Australia.inBinanGoonj: Bridging cultures in Aboriginal health(3rd ed.) (pp. 1-42). Chatswood, NSW: Churchill
Grant, S. (2016).Talking to my country. HarperCollinsPublishers
Home, B. T. (1997). Report of the National Inquiry into the separation of Aboriginal and
Torres Strait Islander children from their families.Commonwealth of Australia.
Johnston, E. (1991). Royal Commission into Aboriginal Deaths in Custody. Volume 1, part 1.2, "The Lives of Those who Died".
Milliss, R. (1994).Waterloo Creek: the Australia Day massacre of 1838, George Gipps and
the British conquest of New South Wales. University of New South Wales Press
Ngara Yura Program update: The Colonial Frontier Massacre Map Project. (2020).Judicial
Officers Bulletin,32(10), 108-108. https://doi.org/10.3316/agispt.20201203040667
NITV, (2021, August 5).Incarceration Nation | Trailer (Content Warning) | NITV
[Video].YouTube.https://www.youtube.com/watch?v=XUyfAme3i_U
Prentis, M. D. M. (2009).A study in black and white: the Aborigines in Australian history.
Rosenberg Publishing
Ranzjin, R., McConnochie, K. R., &Nolan, W. (2009).Introduction to cultural competence.
InPsychology and Indigenous Australians: foundations of cultural competence(pp. 3- 12). South Yarra, VIC: Palgrave/Macmillan
Rawnsley, J., Culic, E, Richards, J, David Woodroffe, & Clifton, L.(2018). Cultural
competency in a legal service and justice agency for Aboriginal Peoples,Legal Education Review
The University of Sydney, (2014). Kinship Learning Module, Retrieved December 21, 2022,
fromhttp://sydney.edu.au/kinship-module/learning/1-welcome-acknowledgement.shtml
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