More handpicked essays just for you.
Race discrimination in the united states
Effects of racism in america in criminal justice
Criminal justice system and its affects on racism in policing
Don’t take our word for it - see why 10 million students trust us with their essay needs.
The riots sparked fresh debate into the welfare of Aboriginal Australians and the response of the police to those living in the
LAWS1052 Extended Case Note Assignment Bulsey & Anor v State of Queensland [2015] QCA 187 (6 October 2015) (“Bulsey”) I. Introduction Bulsey represents the ongoing struggle of Indigenous Australians’ rights to be recognised and the importance of preventing arbitrary use of power. It highlights the potential for police to abuse their powers of arrest and emphasises that this concern is especially significant for Aborigines. Further, Bulsey deliberates intentional torts and in particular, personal injury damages and aggravated damages.
Indigenous people are incarcerated at much higher rates than non-Indigenous in Canada and are incarcerated for longer periods of time (Cook & Roesh, 2012, p.222). Canadians have put Indigenous communities through much heartache and pain. With the colonization of Indigenous people to residential schools, Canadians continue to stigmatize and treat Indigenous people poorly. Indigenous people are more likely to suffer from drug abuse using needles because of the intergenerational trauma suffered through their parents attending residential schools in Canada (Bombay, Matheson, & Anisman, 2014, p. 327). This puts them at a higher criminal risk than others because of what they have been subjected to.
This criminal code encourages sentencing judges to have recourse to a restorative approach to sentencing. Also, the enactment of s. 718.2 (e) is a definite direction by Parliament to pay particular attention to the circumstances of aboriginal offenders during the sentencing process because those circumstances are unique and different from those of non-Aboriginal offenders. Further, when sentencing Aboriginal offenders, courts must take judicial notice of such matters as the history of colonization, displacement, and residential schools. And they should look at how that history continues to translate into lower educational accomplishment, lower income, higher unemployment, higher rates of substance abuse, suicide, and, of course, higher levels of imprisonment of Aboriginal peoples. (Canadian Law, an Introduction 6th Edition: Neil Boyd 2015; page,
Over these many years, many personal stories have come out about their experience being an Australian Aboriginal. Beulah Pickwick who is an Australian Aboriginal has shared her story (National). She has experienced a lot of prejudice over the years (National). Beulah grew up with an enjoyable childhood growing up by the Tweed River (National). Growing up she did not suffer much from racism besides some police harassment when was hanging out with her white friends (National).
In Australia, this, the unthinkable to many Australians, is and has been the reality for millions of Indigenous Australians across the nation. And there is a simple name for it. Prejudice. ‘The White Girl’ by Tony Birch and ‘Shame’ by Kevin Gilbert both offer a harrowing insight into what prejudice looked before a modern-day Australia, and both are vital to look at then, now and moving forward. Racial prejudice is embedded in the tapestry of Australia's
Although Aboriginal and Torres Strait Islander customary laws are shown to be harsh, even brutal at times, Australian law has changed to integrate this cultural heritage. Although uncommon, customary law has been applied in legal rulings, as seen in cases involving Aboriginal or Torres Strait Islander people (Colin Goodsell v Galarrwuy Yunupingu). Traditional punishments such as payback have also been recognised by some Australian courts (The Queen v Wilson Jagamara Walker).[1] Furthermore, in some cases defence lawyers have specifically asked for their clients to be released on bail to face punishment under customary law.
After reading the Chapter 5 and 6 it is evident that racism is present throughout the court system. Although the racism is generally paired with law enforcement, the court system has a major issue as well; especially when looking at the jury selection process. When thinking about the court process the jury selection does not really become an issue or brought to the public's attention unless it is a major case. The U.S. Supreme Court has also stated the jury is "an inestimable safeguard against the corrupt or overzealous prosecutor and against the compliant, biased, or eccentric judge" (Pp. 255.) The jury plays a vital role in the criminal justice system.
There are many theories that could provide an expatiation to overrepresentation of Aboriginal people in justice system. First is the culture clash theory that was purposed by the Royal Commission on Aboriginal Peoples (RCAP) (1996), this theory suggests that the overrepresentation occurs when Aboriginal people’s value does not fit to justice system, due to the fact that Aboriginal people concept of justice is different than Euro-Canadian concept. An example of culture clash theory that contributes in overrepresentation of Aboriginal people is a result of non-Aboriginal people understanding the cultural norms of an Aboriginal community. An example of differences in Aboriginal community and non-Aboriginal community is that for Aboriginal
But what about every other Australian? What about the Indigenous population and the multicultural population? Both of these groups which make up and help define who we are as Australians, so I ask you all this morning to consider why is it that we find these groups constantly being marginalised, discriminated against and not being offered equal opportunity? Ladies, gentlemen and prestigious guests, I would like to thank you for the opportunity to speak here
For instance, a Queensland study on the ethnicity of young people moved on has found that Indigenous background represent the 37% of respondents, despite the fact that Indigenous youth only accounts for the 4% of Queensland youth population (Spooner 2000, 27). This over-representation may be resulted from the ‘moral panic’ framed in our society and ideal to govern the risk in our society. According to White (1999, 39), the greater surveillance and intervention of Indigenous young people in public places is due to their high levels of contact with the criminal justice system. The overrepresentation of indigenous people in the criminal justice system may cause their generalisation as a greater threat for public order compared to others in society, which may lead their representation as ‘moral panic’ and the increase in community’s anxiety of this group.
Australia is known as a country of freedom and fairness, however many groups such as youth, the unemployed, aged, and ethnic groups tend to become marginalised because of their minority status. Certain groups are marginalised because they are perceived as being different or undeserving of equality in society. This is called stereotyping and it leads to prejudice and discrimination. This essay explores three marginalised groups and discusses some of the reasons why they are marginalised and the effects on those within these groups. Exclusion from areas such as employment and other services and opportunities that other Australian 's take for granted, is a result of the marginality of indigenous Australian 's, woman, and those with
Aboriginal women and domestic violence has a strong correlation. When comparing the extent and severity of violence against Aboriginal women and non-Aboriginal women there is evidence proving that the Aboriginal women have a great chance of facing domestic violence during the duration of their lifespan in comparison to the non-Aboriginal
One of the greatest challenges law enforcement are facing is providing effective policing for minority communities. Some factors that prevent minorities from gaining access to justice or being taken advantage of certain criminal justice services are language barriers, racial stereotyping, and cultural differences. Since the 30 's and 40 's, and even during the 60 's, civil rights activists damaged the police-minority relations in the United States, believing that police only interest are protecting white communities. A big explanation of why there 's a poor police-minority relations in the United States is racism on the part of the individual officers. Many minorities in the United States have continued to complain about being treated more harshly than whites and the Department of Justice believes that racial profiling and police discrimination will continue to be a big problem.
All in all, the question will remain, Is the criminal Justice system racist. No matter how many times humans ask themselves this question, the answer will not be clear. Depending on who they ask, the answer will always have a divide by color. The interaction between whites and blacks are at an all time high of the racial clash and there are still issues that are preventing both groups from blending together in society.
