Stemming the Tide of Aboriginal Incarceration

Kelly, Miriam; Tubex, Hilde

doi:10.32613/undalr/2015.17.1.2

Cited by 6 publications

(6 citation statements)

References 15 publications

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“…The inability to attain ‘mainstream’ hegemonic expectations can cause Aboriginal men to undertake more risks to prove their masculinity. Risk-taking behaviour can impact on health outcomes and result in more interactions with the criminal justice system (Allard, 2010: 4; Kelly and Tubex, 2015: 7).…”

Section: Resultsmentioning

confidence: 99%

Decolonising the health and well-being of Aboriginal men in Australia

Prehn

Ezzy

2020

Journal of Sociology

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Aboriginal and/or Torres Strait Islander men have the worst health of any group in Australia. Despite this, relevant policies do not specifically explain how the issue will be improved. Existing research demonstrates the complexity of the problems facing Australian Indigenous men. The intersection of masculinity and Indigeneity, compounded by colonisation, historical policies, stigma, marginalisation, trauma, grief and loss of identity are key factors that shape these poor health outcomes. These outcomes are acknowledged in federal and some state government policies but not implemented. The article argues for a holistic and decolonised approach to Australian Aboriginal men’s health. Effective models of intervention to improve men’s health outcomes include men’s health clinics, men’s groups, Men’s Sheds, men’s health camps/bush adventure therapy, fathering groups and mentoring programs. Further research needs to be undertaken, with a greater emphasis on preventative health measures, adequate specific funding, culturally and gender appropriate responses to health, and government policy development and implementation covering Aboriginal male health.

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Section: Resultsmentioning

confidence: 99%

Decolonising the health and well-being of Aboriginal men in Australia

Prehn

Ezzy

2020

Journal of Sociology

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“…Importantly, settler-colonialism is not something that happened in the past and is now finished: “invasion is a structure not an event” (Wolfe, 2006, p. 388). One ongoing strategy of settler-colonialism is the labeling of First Nations people as ‘criminal’, resulting in the significant adverse impacts that First Nations people experience through their contact with police, courts, and prison jurisdictions (Kelly & Tubex, 2015; Wolfe, 2006).…”

Section: First Nations People In the Australian Criminal Justice Systemmentioning

confidence: 99%

“…While historians are careful to avoid terms like ‘slavery’ about this era, First Nations workers were paid less than their white counterparts, and their wages were controlled by “Protectors” rather than being paid directly to workers (McGregor, 1997). Police and the courts then contributed to the ‘Assimilation Era’, from approximately the 1930s, which saw both the forced removal of First Nations children from their families to be raised in group homes or adopted by white families (NISATSIC, 1997) and the ongoing criminalization of First Nations people (Kelly & Tubex, 2015). The ‘assimilation’ era officially ended only in the early 1970s when governments agreed to a program of self-determination.…”

Section: First Nations People In the Australian Criminal Justice Systemmentioning

confidence: 99%

“…The way in which First Nations defendants are portrayed and represented in the court system, by both legal teams and the judiciary, reflect the normalized, institutional racial bias embedded in its structures (Cunneen & Porter, 2017;Kelly & Tubex, 2015;Marchetti & Ransley, 2014;Porter, 2016;Tubex & Cox, 2020). The presentation of mitigating and aggravating factors is an important court process that influences sentencing, and is intended to account for differential life circumstances (Caxton Legal Centre, 2017).…”

Section: Introductionmentioning

confidence: 99%

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The Impacts of Drug and Alcohol use on Sentencing for First Nations and Non-Indigenous Defendants

2022

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This paper examines the ways personal use of illicit substances and alcohol are constructed as either mitigating or aggravating factors to explain offending. We consider the differential constructions of these factors for people who appear in supreme and district courts in northern Queensland, Australia, for offences involving illicit substance use, alcohol use, drug-related offences, and violence. Qualitative analysis of courtroom observations is understood through the lens of Critical Race Theory (CRT). Our findings reveal that personal use of illicit substances was primarily constructed by legal practitioners as an indicator of disadvantaged circumstances when discussing non-Indigenous defendants. In these cases, drug use was connected to other disadvantages such as poor mental health, physical pain, and trauma. In contrast, alcohol use was primarily raised as an aggravating factor for First Nations defendants, constructed by legal practitioners as a personal flaw linked to violent offending, and overshadowed the interrelated disadvantages that many First Nations defendants experience. This reflects social attitudes about First Nations people, reinforces individualistic explanations for offending patterns, and points to the institutional racism embedded in the structural processes of Queensland's higher courts that continues to profoundly impact First Nations people.

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“… 12. The underlying causes of disparities in criminal justice decision-making and overrepresentation of certain groups in detention are, however, fiercely debated in academic literature and can differ per jurisdiction. See for example Kelly and Tubex (2015: 3–4), who argue – with references to other literature – that applying Garland’s conception of the late modern ‘punitive turn’ as a theory for understanding the overrepresentation of Aboriginal youth in Australian detention centres fails to recognize the legacy of Australia’s colonial history of dispossession of Aboriginal communities and ‘the historical role of the criminal justice system as being the enforcement arm of colonial authority’. …”

mentioning

confidence: 99%

Young, Accused and Detained; Awful, But Lawful? Pre-Trial Detention and Children’s Rights Protection in Contemporary Western Societies

Brink¹

2019

Youth Justice

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This article explores the underlying explanations of the high reliance on pre-trial detention of children across contemporary Western societies, with a particular focus on the Netherlands. Empirical research findings are used to identify patterns and functions of pre-trial detention in the administration of youth justice. In addition, two driving forces behind pre-trial detention decision-making are explored after scrutinizing the penological underpinnings of youth justice and youth crime control in Western societies. Ultimately, the article addresses to what extent and how international children’s rights standards can effectively protect child suspects and accused from excessive, unlawful and arbitrary pre-trial detention.

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Stemming the Tide of Aboriginal Incarceration

Cited by 6 publications

References 15 publications

Decolonising the health and well-being of Aboriginal men in Australia

Decolonising the health and well-being of Aboriginal men in Australia

The Impacts of Drug and Alcohol use on Sentencing for First Nations and Non-Indigenous Defendants

Young, Accused and Detained; Awful, But Lawful? Pre-Trial Detention and Children’s Rights Protection in Contemporary Western Societies

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