Changing narratives: colonised peoples, criminology and social work

Abstract: There is growing recognition in criminology and social work of the importance of Indigenous knowledges and methodologies. Yet to date there have been limited attempts (particularly in criminology and criminal justice social work) to consider the theoretical and practice implications of Indigenous understandings and approaches to these disciplines. Both disciplines have also been slow to recognise the importance of understanding the way in which colonial effects are perpetuated through knowledge control, particularly in the operation of criminal justice systems. Our paper thus begins by examining the historical and institutional factors that have contributed to the continuing subjugation of Indigenous knowledges and methodologies. A discussion of the connections between the hegemony of Western science, the construction of race, and the colonial project follows. While herein Western and Indigenous approaches are conceptualised broadly, the dangers of over-simplifying these categories is also acknowledged. The paper proceeds by examining the distinctive character of each approach through a consideration of their ontological, epistemological, axiological, and methodological differences. Whilst acknowledging the considerable challenges which arise in any attempt to develop connections between these differing worldviews, a pathway forward for understanding both theoretically and methodologically the relationship between Western and Indigenous approaches is proposed

The place of Indigenous people: locating crime and criminal justice in a colonising world

[Extract] Since British colonisation began at the end of the 18th century, the history of Australia has been a struggle between Indigenous peoples and the colonisers over place. This is often represented as a struggle over land - its control and use. Yet for Indigenous people, land was never simply an economic commodity to be exploited. It was 'place' in a deeper sense of the word, a fundamental part of Indigenous cosmology and a necessary foundation to a person's or group's ontology or being in the world. Place, then, can be conceptualised as both a physical and metaphysical domain. Indeed both domains are intertwined, perhaps inseparable

The civil and family law needs of Indigenous people in Victoria

This report identifies the most pressing legal needs of Indigenous Victorians, which involve housing, discrimination and debt.The report presents key findings and recommendations of research conducted in 2012- 2013 by the Indigenous Legal Needs Project (ILNP) in Victoria. The ILNP is a national project. Its aims are to:identify and analyse the legal needs of Indigenous communities in non-criminal areas of law (including discrimination, housing and tenancy, child protection, employment, credit and debt, wills and estates, and consumer-related matters); and provide an understanding of how legal service delivery might work more effectively to address identified civil and family law needs of Indigenous communities. ILNP research is intended to benefit Indigenous people by improving access to civil and family law justice

The place of Indigenous people: locating crime and criminal justice in a colonising world

[Extract] Since British colonisation began at the end of the 18th century, the history of Australia has been a struggle between Indigenous peoples and the colonisers over place. This is often represented as a struggle over land - its control and use. Yet for Indigenous people, land was never simply an economic commodity to be exploited. It was 'place' in a deeper sense of the word, a fundamental part of Indigenous cosmology and a necessary foundation to a person's or group's ontology or being in the world. Place, then, can be conceptualised as both a physical and metaphysical domain. Indeed both domains are intertwined, perhaps inseparable

Indigenous criminology

Indigenous Criminology is the first book to comprehensively explore Indigenous people's contact with criminal justice systems in a contemporary and historical context. Drawing on comparative Indigenous material from North America, Australia and New Zealand, it addresses both the theoretical underpinnings to the development of a specific Indigenous criminology, and canvasses the broader policy and practice implications for criminal justice. Written by leading criminologists specialising in Indigenous people, the book argues for the importance of Indigenous knowledges and methodologies to criminology, and suggests that colonialism needs to be a fundamental concept to criminology in order to understand contemporary problems such as deaths in custody, high imprisonment rates, police brutality and the high levels of violence in some Indigenous communities. Prioritising the voices of Indigenous peoples, the work will make a significant contribution to the development of a decolonising criminology and will be of wide interest

Indigenous criminology

Indigenous Criminology is the first book to comprehensively explore Indigenous people's contact with criminal justice systems in a contemporary and historical context. Drawing on comparative Indigenous material from North America, Australia and New Zealand, it addresses both the theoretical underpinnings to the development of a specific Indigenous criminology, and canvasses the broader policy and practice implications for criminal justice. Written by leading criminologists specialising in Indigenous people, the book argues for the importance of Indigenous knowledges and methodologies to criminology, and suggests that colonialism needs to be a fundamental concept to criminology in order to understand contemporary problems such as deaths in custody, high imprisonment rates, police brutality and the high levels of violence in some Indigenous communities. Prioritising the voices of Indigenous peoples, the work will make a significant contribution to the development of a decolonising criminology and will be of wide interest

Don Dale royal commission demands sweeping change - is there political will to make it happen?

[Extract] The Royal Commission into the Protection and Detention of Children in the Northern Territory's final report, which was handed down on Friday, revealed "systemic and shocking failures" in the territory's youth justice and child protection systems. The commission was triggered following ABC Four Corners' broadcasting of images of detainee Dylan Voller hooded and strapped to a restraint chair, as well as footage of children being stripped, punched and tear-gassed by guards at the Don Dale and Alice Springs youth detention centres. The commission's findings demonstrate the need for systemic change. However, the commission will not, in itself, bring about that change. Its capacity to make lasting change lies with the government implementing its recommendations

Justice Reinvestment in Northern Australia

This paper looks at justice issues, and in particular, the potential implementation of Justice Reinvestment (or 'JR') in Northern Australia. To date, crime and criminal justice have been absent from discussions on developing Northern Australia, despite the fact that the Northern Territory (NT) has the highest imprisonment rate in Australia, followed by Western Australia (WA) (Australian Bureau of Statistics, 2017) and that building and operating prisons constitute significant infrastructure and recurrent costs. The paper begins with a description of JR, which has emerged as a major policy alternative to the current emphasis on the increasing use of imprisonment. It discusses the origins of JR in the USA and the growing interest in recent years in its introduction in Australia. Key elements of JR are explained, as well as its particular importance for Indigenous people. We discuss various projects already implementing JR or exploring the potential to do so, including in Northern Australia. The paper concludes with analysis of challenges to progressing JR, with some focus on Northern Australia

Reflections on Criminal Justice Policy Since the Royal Commission into Aboriginal Deaths in Custody

The long list of shocking cases of Aboriginal deaths in custody exposed by the Royal Commission provided a public understanding of the processes of racism in the criminal justice system and Australian society more generally. The stories of the deaths in custody were the incontrovertible stories of institutional racism, of human tragedy and monumental inhumanity. Some cases showed profound callousness, others simple indifference. The current tragedy is that so many of the circumstances leading to deaths in custody, and identified by the RCADIC, are still routine occurrences. At the broadest level, the political conditions of the late 1990s and the new century have not been conducive in Australia to effective reform of the criminal justice system. There is little doubt that we have moved into a more punitive period in relation to criminal justice responses, and whatever impetus there was to reform in the early 1990s has largely evaporated. We see this drift into ‘law and order’ responses manifested in a range of areas including increased police powers, ‘zero tolerance’ style laws which increase the use of arrest for minor offences, greater levels of bail refusal and longer periods of imprisonment for a range of offences. However, on the positive side there has been a renaissance in Indigenous justice institutions. These provide the potential for significant change in the criminal justice system, and an opportunity for greater recognition of the aspirations of Indigenous people