In Australian continent and its nearby island the Indigenous Australian are the first known human inhabitants. The little term is used for indicate the people of mainland Australia, Tasmania, and adjacent islands. This people come arrive here from 70000 and 40000 years ago. We should make a research about those people. We also came to know about the treatment of government to the Indigenous Australians and the criminal justice system among them. There are 250 languages. The aim of this project is to bring together pertinent, quality information on those people and the criminal justice system in Australia.
At honors level optional field work component provides students with hands on experience. The community best agencies deal with issues involving crime and policy development. What are criminological issues or criminal justice? As must be obvious from the preceding discussion, the concept of crime is a highly debatable issue and criminology is the systematic study of crime in all its aspects. Paul Tappan and Jerome Hall, their opinion means that criminology is synonymous with the sociology of criminal law. The reason of this research is to develop a blueprint for reform of the treatment of victims in the criminal justice system.
The stage of the research will examine what victims want out of their interactions with the criminal justice system. The another stage analyses how criminal justice agencies understand and respond to victims’ right and needs As an individual and social phenomenon the criminology is the social –scientific study of crime. Criminological research includes the form of crime and incidence as well as its consequences and causes. In crime they impose some social and governmental regulations. Definition of the Concepts It is necessary to define the terminology to the research question:
Criminology: At first, “criminology” is defined by Italian law professor Raffaele Garofalo in 1885. The principles of criminology serve as effective guidelines for formulation of penal policy. The modern clinical methods and the reformatory measures such as probations, parole, indeterminate sentences, open prisons and other correctional institutions are essentially and outcome of intensive criminological researches during the twentieth century. Crime: Crime is a breach of a rule or law for which a punishment may ultimately be prescribed by some governing authority of force.
A nomanitive definition views crime as devient behaviour that violets prevailing norms, specifically, cultural, standard prescribing how humans ought to behave. Laws that define crimes which violate social norms are set by legislatures and are called malaprohibita. (4). In reseach, we consider the following definition of crime:It is the breach of a rule or law for which a punishment may ultimately be prescribed by some governing authority or force. Criminal: The person who occurs the crime is called criminal. Circle sentencing: there are need a bridge which should makeup the gap between court and Aboriginal society.
It Is gaining this by allowing participation of the community elders and affected persons. Indigenous Australians: The indigenous Australian is the first inhabitance of Australian continent and its surrounding island. The speech is always used in the referred to those who live in Tasmania, Australia and its nearest places. Before 40000 and 70000 years ago Indigenous Australian are recognized to arrive here. In the indigenous people there are some category to their community and society, so they are also different in their internal relativity and cultural activities.
There are over 250 spoken languages among Indigenous Australian. How the judicial authority treats for crime with Indigenous Australian: In research, we consider the following definition of crime: It is the breach of a rule or law for which a punishment may ultimately be prescribed by some governing authority or force. In Australia indigenous people punished more than the non-Indigenous people. The ratio of this punishment is 11:1. Recently in Australia the prisoner percentage of indigenous is twenty one percent. Public attention of Australia is to the Aboriginal deaths in custody.
In many communities violent crime, including domestic and sexual abuse is a problem. Indigenous Australians are twice as likely to be a victim of violence as non-Indigenous Australians, with 24% of Indigenous Australians reported being a victim of violence in 2001. This is consistent with hospitalization data showing higher rates of injury due to assault. To make this research we learn that five children suffered in some sexual haragement in southeast Queensland Aboriginal community of Cherbourg. So we can say it is a national problem of Australia.
Australia wide Indigenous Australia children are 20 fold juvenile services and 20 fold or more likely involved in child abuse cases. The government announced the NTNER (Northern Territory National Emergency Response) a package of welfare, law enforcement and other measures designed to indicate the level of child abuse in the Northern Territory. But legislation of Australian parliament is still silent about this matter and other organizations are also like the governments. Literature Review Rights of Indigenous Australians – Queensland Murri Court”, Annette Hennessy (2007):
This article is one of a number concerning the establishment of indigenous courts in Australia, one way in which the criminal justice system is attempting to provide a fairer system. Hennessy makes it clear that, while the system has taken steps to incorporate indigenous people, such as employing Court Liaison staff, this has not always addressed what is needed. Murri courts, dispensing justice through indigenous tradition, are seen by Hennessy as holding great promise for the future “The Over-Representation of Indigenous People in Custody in Australia”
This is a burning question that the indigenous people are today also punished double than the civil citizen they also cannot practice their human right and fundamental right such as right to property , right to language, right to have same treatment from the government of Australia. In the narrow sense we can see indigenous people of Australia are deprived from their communicating system, lifestyle, custom manner, obligations and so on. Both in socioeconomic terms and in patterns of discrimination they are deprived from their citizen right and human right.
Research question and research hypotheses: The current treatment of The Australian government with the Australian indigenous people is still ironical. Australian parliament is silent about the development of the aboriginal people. Indigenous people are not conscious about the law. It has observed that the quantity of punishment of indigenous people is more severe than non-indigenous people. The government has not taken any step to recover such kind of problem. The Treatment of government to the non-indigenous people is more flexible than the indigenous people.
This outlook should be changed. Australian parliament should take steps to develop the back sight. The government confirms appropriate balance between the relevant social, cultural, political and economic factors. They also have the right to get the social, political and economic privileges. Because of they are also the citizen of Australia. But in every sphere they are neglected. It is not expectable for that kind of develop country. We hope that the government of Australia will pay attention in this regard. Depicts the proposed data collection method and variables:
When we collect the data we face many difficulties. Totally this was adventurous to us. At first we went to many places of Australia. And we observed the life style of indigenous people, their culture, and their tradition. When we went to Tasmania and tried to know about their criminal justice and the treatment of government to them. They do not aware about their rights and duties imply on them and the legal restrictions so they connect with many crimes such as child abuse and many other crimes. Justification for Research Question
They are always criticised by other nations for their backwardness, and poor treatment of their Indigenous people. In 1990 a body of evidence has been recorded of the criticisms. In other hand the indigenous people is greatly over-represented in criminal court. Although the recent movement of the government of Australia is taking their positive steps to equity among the indigenous people. Summary of Analysis We can the unfairness in the relevant of fundamental rights and human hight in the literature on the subject of Indigenous Australian and the criminal justice system.
There is also some substantial evidence of over-representation of indigenous people in Australian prisons. The literature examined for the purpose of this report appears to show that this over-representation is directly related to prejudice and lack of understanding in dealing with indigenous populations, related to ‘patterns of discrimination’. On the basis of this literature review, it is really a burning question of right of indigenous people, government should take step to properly address the failures of the current system with regard to them.