Question
rewrite the following: although many individuals experience difficulties with Australia's criminal justice system, The historical and political contexts prevalent for Indigenous and Torres Strait Islanders
rewrite the following: although many individuals experience difficulties with Australia's criminal justice system, The historical and political contexts prevalent for Indigenous and Torres Strait Islanders cause a hindrance and make it more complex for such individuals. Australia's criminal justice system is made up of legal obligations and rulings which attempt to protect community members and their property. However, as I delve deeper into this unit, it becomes ever so apparent that Aboriginal and Torres Strait Islanders did not achieve this standard luxury. By examining the impacts of the stolen generation and colonisation which occurred in Australia, it is clear to see the effects on indigenous people and the criminal law. Through deepening my knowledge in my studies, not only did I gain a greater understanding of the context, but I also challenged my initial perception on the situation,
Towards the beginning of my studies, my knowledge on the stolen generation was somewhat limited, although I understood the events that occurred, I had never realised the impacts on their behaviours as well as their treatments by law upholders, turning them into singular targets of the system. The distressing concept of the stolen generation and the 'White Australia Policy' brought upon a multitude of conflicts between the government and the Indigenous people, and largely accommodated the increasing rates of involvement in the criminal justice system. In 1997,theBringing Them Homereportoutlined how the involuntary shifting of Indigenous children between 1910 and 1970 suggested anywhere between 10 to 33% of the Indigenous child population was affected.
Reports released by the ABS in late 2018 indicate that the mass rate of incarceration within the period of the stolen generation had tripled, and that the rate of Indigenous individuals being convicted with offences had doubled. It is my view that when a family is detached for no apparent reason it is ethically incorrect, as individuals are being removed due to their heritage and background. It has come to my attention that the government has become increasingly controlling of Indigenous communities through unfair discrimination of whole communities. The same2018 ABS study found that children who faced separation from their parents underwent issues regarding health, culture and socioeconomic stability at a larger rate than the Indigenous people who did not face this kind of treatment. It is argued that a large amount of trauma associated with the treatment of Indigenous individuals has constituted a life in conflict with the criminal justice system.
In order to right previous wrongs, in February 2008, Prime Minister Kevin Rudd apologised on behalf of the Australian Parliament and for the treatment faced by the Indigenous that was not only accepted but pushed by the Criminal Justice System and other statutory bodies. As Rudd uttered the words "I'm Sorry", It reached many individuals facing the challenges of everyday life after the trauma. However, although this was a step in the right direction, it still does not take away from the lifetime of run ins with the criminal justice system, the broken down families caused by the treatment and the labelling and stigmatising through prejudice in colonial law enforcement.
As per my research, due to the negative interrelations between Indigenous individuals and the criminal law system of Australia, a wide scale epidemic of violence and unjust punishment has become more apparent. My view is that the Indigenous peoples of Australia would not be recognised under colonial law, and that any Indigenous people facing criminal charges would evidently be subject to harsher and more vigorous methods of punishment due to their ethnicity.
My previous view was that Indigenous communities would not be recognised in criminal law jurisdictions with this failure amounting to Aborginal and Torres Strait islander people facing harsh criminal charges and penalties. In the move towards improving relations, It is critical to recognise that no individual can rearrange past events to establish complete positive relations, however there can be steps taken in helping reconcile for the previous wrong doings. An example of this is through the Privy Council who recognised the Doctrine of Terra Nullius and its misuse of settled land in 1889. THe major ruling in the 1992 Mabo v Queensland (No 2) decision provided legal recognition for the fact that Indigenous peoples never relinquished their land or seeded their sovereignty; and the Native Title Act of 1992 provided legal enforcement in relation to the Indigenous peoples native land ownership and subsequent freedom
In conclusion, my analysis of the criminal law and the relationship between the Indigenous people with the criminal justice system have given me an improved understanding of the historical and political inequities enforced upon select communities. I have observed that society is witnessing the transformation and progression of humankind and in doing so progresses towards creating more peaceful links with the Indigenous community.
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