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Quote:Indigenous incarceration rates 'intolerable' (Read 6532 times)
Lord Herbert
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Quote:Indigenous incarceration rates 'intolerable'
Dec 7th, 2016 at 11:41am
 
They've got that wrong.

It needs editting ...

'Indigenous crime rates intolerable'.

That's better.

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Gordon
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Re: Quote:Indigenous incarceration rates 'intolerable'
Reply #1 - Dec 7th, 2016 at 11:47am
 
this
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IBI
 
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mothra
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Re: Quote:Indigenous incarceration rates 'intolerable'
Reply #2 - Dec 7th, 2016 at 11:59am
 
“Incredibly trivial offences
There is a persistent feeling among Aboriginal communities and legal experts that police treat Aboriginal people differently for trivial offences.

Did not receive court mail. Some Aboriginal people end up in jail because they did not get the postal notifications of court dates after which bench warrants are issued and bail is unlikely [11].

Can’t make it to court. Others simply cannot make it to a court date due to funerals or health problems and courts are too inflexible to change the date [25].

Unpaid fines. A young Aboriginal woman was held for four days because she hadn’t paid her parking fines [40], Tragically, in this case, the woman died a short time after.

Driving unlicensed. Youth who might never have seen a traffic light or a freeway have difficulties getting a license because remote communities lack trainers and facilities, and the language used for driving tests is inappropriate. When they then get caught repeatedly driving unlicensed, uninsured and unregistered—a common “trifecta” on court lists—they end up in jail [12]. In many Aboriginal communities only one person holds a drivers license.

In New South Wales, the Local Court is required to add a further 5-year disqualification period under the Roads and Traffic Authority Traffic Act’s Habitual Offender Scheme introduced for people who commit 3 serious traffic offences in 5 years [16]. This means some people who collected too many offences in their youth might get disqualified from driving until they are for example 50 years old. This has dire consequences for the standard of living, finding work and managing children.

Disorderly conduct. “Every day of the week we act for Aboriginal people who’ve been charged with disorderly conduct,” says Peter Collins, Legal Director of Aboriginal Legal Services in Western Australia (ALSWA) [9].
“Their crime: To swear at the police. They use the F word, they use the C word. Often they’re drunk or affected by drugs or both, or they’ve got a mental illness or they’re homeless or whatever.”
“But it seems to me the only people in this day and age who are offended by the use of the F word and the C word are police. And so these [Aboriginal] people are hauled before the courts for these incredibly trivial offences.” In Wickham, Western Australia, Aboriginal people have been arrested for ‘shouting’ [7]. Many times, police challenge Aboriginal people into such behaviour.
In all my years of research in criminal justice, I can tell you it would be very difficult to find a white person charged with shouting or swearing.
—Dr Brian Steels, restorative justice researcher, Murdoch University [7]

Being “selected” by police. Police locking up Aboriginal people for swearing is widespread and known as selective policing. Training about Aboriginal culture and awareness could assist police to find better responses.
According to Western Australia Police Commissioner Karl O’Callaghan police are not prejudiced against Aboriginal people or any other racial group. This, however, is a statement which meets little love among Aboriginal communities, and little validation by statistics.

Criminologist Chris Cunneen knows that Aboriginal people are more heavily policed and let off less under discretionary powers. Higher imprisonment rates are not reflective of higher crime rates but harsher sentencing, bail laws, and a move away from alternative sentencing measures. [41]

Many more Aboriginal teenagers receive prison penalties than non-Aboriginal teenagers in north-west NSW.

Justice is no longer blind. Dozens of Aboriginal teenagers in north-western NSW were put in jail, compared to just a few non-Aboriginal teenagers [33].
Provocation by police. “There have been a number of instances where our men and women have been flogged or abused by police… When they’re going off because of the abuse that’s happened to them, they’re being put down the back and they’ve got no support,” says Marianne McKay, Co-deputy Chair of the Deaths in Custody Watch Committee of Western Australia [14].

https://www.creativespirits.info/aboriginalculture/law/aboriginal-prison-rates
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John Smith
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Re: Quote:Indigenous incarceration rates 'intolerable'
Reply #3 - Dec 7th, 2016 at 12:08pm
 
mothra wrote on Dec 7th, 2016 at 11:59am:
it would be very difficult to find a white person charged with shouting or swearing.



you see it all the time on shows like 'highway patrol' etc ... they never get charged with disorderly conduct
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Our esteemed leader:
I hope that bitch who was running their brothels for them gets raped with a cactus.
 
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Lord Herbert
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Re: Quote:Indigenous incarceration rates 'intolerable'
Reply #4 - Dec 7th, 2016 at 12:15pm
 
mothra wrote on Dec 7th, 2016 at 11:59am:
“Incredibly trivial offences
There is a persistent feeling among Aboriginal communities and legal experts that police treat Aboriginal people differently for trivial offences.



And this, dear Mothra, is because the 'trivial' offences committed by Aboriginal youths runs to scores of repetitions, whereas the white youths begin to take the hint when the magistrate cautions them for the fourth or fifth time.

Aboriginal youths know that prison is where more than half their friends and relatives are living, and so it holds no fears for them. It's just a snooker club with high walls around it.





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mothra
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Re: Quote:Indigenous incarceration rates 'intolerable'
Reply #5 - Dec 7th, 2016 at 12:35pm
 
Lord Herbert wrote on Dec 7th, 2016 at 12:15pm:
mothra wrote on Dec 7th, 2016 at 11:59am:
“Incredibly trivial offences
There is a persistent feeling among Aboriginal communities and legal experts that police treat Aboriginal people differently for trivial offences.



And this, dear Mothra, is because the 'trivial' offences committed by Aboriginal youths runs to scores of repetitions, whereas the white youths begin to take the hint when the magistrate cautions them for the fourth or fifth time.

Aboriginal youths know that prison is where more than half their friends and relatives are living, and so it holds no fears for them. It's just a snooker club with high walls around it.








What unmitigated bullshit.
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mothra
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Re: Quote:Indigenous incarceration rates 'intolerable'
Reply #6 - Dec 7th, 2016 at 12:42pm
 
Imprisonment for driving offences

Driving without a licence can quickly lead to jail, and Aboriginal people are over-represented in driver licensing-related incarceration. In New South Wales, Aboriginal people found guilty of a “driver licence” offence are imprisoned at two to three times the rate for non-Aboriginal people.

It has been suggested that this is due to fines issued to unemployed people who are unable to pay them, and that such sentencing is unduly harsh, and out of line with community expectations.

The NSW coroner last week ruled on the death of an Aboriginal man in custody who was imprisoned for licensing offences. The coroner found he died of natural causes, but suggested it was understandable that the man would drive while unlicensed due to the long period of disqualification and lack of alternative transport.

Driver licences can also be cancelled due to other, non road-related fines, such as not having a train ticket, or having an unregistered dog. These fines can quickly accumulate and, if unpaid, can lead to the cancellation of the driver licence.


https://theconversation.com/indigenous-australians-need-a-licence-to-drive-but-a...
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rhino
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Re: Quote:Indigenous incarceration rates 'intolerable'
Reply #7 - Dec 7th, 2016 at 1:19pm
 
Lord Herbert wrote on Dec 7th, 2016 at 12:15pm:
mothra wrote on Dec 7th, 2016 at 11:59am:
“Incredibly trivial offences
There is a persistent feeling among Aboriginal communities and legal experts that police treat Aboriginal people differently for trivial offences.



And this, dear Mothra, is because the 'trivial' offences committed by Aboriginal youths runs to scores of repetitions, whereas the white youths begin to take the hint when the magistrate cautions them for the fourth or fifth time.

Aboriginal youths know that prison is where more than half their friends and relatives are living, and so it holds no fears for them. It's just a snooker club with high walls around it.





spot on herbert, prison is just an extension of the social security system for these people
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Mr Hammer
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Re: Quote:Indigenous incarceration rates 'intolerable'
Reply #8 - Dec 7th, 2016 at 1:21pm
 
mothra wrote on Dec 7th, 2016 at 12:42pm:
Imprisonment for driving offences

Driving without a licence can quickly lead to jail, and Aboriginal people are over-represented in driver licensing-related incarceration. In New South Wales, Aboriginal people found guilty of a “driver licence” offence are imprisoned at two to three times the rate for non-Aboriginal people.

It has been suggested that this is due to fines issued to unemployed people who are unable to pay them, and that such sentencing is unduly harsh, and out of line with community expectations.

The NSW coroner last week ruled on the death of an Aboriginal man in custody who was imprisoned for licensing offences. The coroner found he died of natural causes, but suggested it was understandable that the man would drive while unlicensed due to the long period of disqualification and lack of alternative transport.

Driver licences can also be cancelled due to other, non road-related fines, such as not having a train ticket, or having an unregistered dog. These fines can quickly accumulate and, if unpaid, can lead to the cancellation of the driver licence.


https://theconversation.com/indigenous-australians-need-a-licence-to-drive-but-a...

How about they do the right thing in the first place and they won't have any issues, like it is for us?
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rhino
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Re: Quote:Indigenous incarceration rates 'intolerable'
Reply #9 - Dec 7th, 2016 at 1:22pm
 
mothra wrote on Dec 7th, 2016 at 12:42pm:
Imprisonment for driving offences

Driving without a licence can quickly lead to jail, and Aboriginal people are over-represented in driver licensing-related incarceration. In New South Wales, Aboriginal people found guilty of a “driver licence” offence are imprisoned at two to three times the rate for non-Aboriginal people.

It has been suggested that this is due to fines issued to unemployed people who are unable to pay them, and that such sentencing is unduly harsh, and out of line with community expectations.

The NSW coroner last week ruled on the death of an Aboriginal man in custody who was imprisoned for licensing offences. The coroner found he died of natural causes, but suggested it was understandable that the man would drive while unlicensed due to the long period of disqualification and lack of alternative transport.

Driver licences can also be cancelled due to other, non road-related fines, such as not having a train ticket, or having an unregistered dog. These fines can quickly accumulate and, if unpaid, can lead to the cancellation of the driver licence.


https://theconversation.com/indigenous-australians-need-a-licence-to-drive-but-a...
clever editing by Mothra however this is the bit she cut out
Quote:
this is due to fines issued to unemployed people who are unable to pay them,
So they go to jail because they dont pay their fines, just like white people.
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rhino
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Re: Quote:Indigenous incarceration rates 'intolerable'
Reply #10 - Dec 7th, 2016 at 1:26pm
 

Quote:
Reduce Indigenous incarceration rates? Not so fast
The Australian Bar Association is right in stating that the over-representation of Aboriginal people in the criminal justice system has nothing to do with racial discrimination.

But while the suggestion by the Australian Bar Association to review mandatory sentencing laws for minor offences such as the practice of jailing fine defaulters is worthwhile, it is important to remember the reason why most Indigenous people are in jail in the first place.

In the push to lower Indigenous incarceration rates the real victims are often forgotten — people who are assaulted or even killed by their family members, like the woman whose partner set fire to her genitalia because she “looked at another man the wrong way”.

Abolishing mandatory sentencing for minor crimes is also unlikely to reduce the Indigenous incarceration rate as much as most people hope.

The belief that most Indigenous people are in jail because they have been unfairly targeted by police and arrested for relatively minor “social nuisance” offences is not true.
In fact, although many social justice advocates claim “the criminal laws and sentencing regulations unfairly target Indigenous people”, if there is any discrimination it tends to be in favour of Indigenous people. Overall, Indigenous offenders receive shorter sentences than non-Indigenous offenders for most crimes.

The reason Indigenous people are more likely than non-Indigenous people to be locked up for minor crimes like traffic offences, is because Indigenous people are more likely to lack the financial means to pay their fines, not because the courts are biased.

http://www.perthnow.com.au/rendezview/reduce-indigenous-incarceration-rates-not-...
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mothra
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Re: Quote:Indigenous incarceration rates 'intolerable'
Reply #11 - Dec 7th, 2016 at 1:26pm
 
Mr Hammer wrote on Dec 7th, 2016 at 1:21pm:
mothra wrote on Dec 7th, 2016 at 12:42pm:
Imprisonment for driving offences

Driving without a licence can quickly lead to jail, and Aboriginal people are over-represented in driver licensing-related incarceration. In New South Wales, Aboriginal people found guilty of a “driver licence” offence are imprisoned at two to three times the rate for non-Aboriginal people.

It has been suggested that this is due to fines issued to unemployed people who are unable to pay them, and that such sentencing is unduly harsh, and out of line with community expectations.

The NSW coroner last week ruled on the death of an Aboriginal man in custody who was imprisoned for licensing offences. The coroner found he died of natural causes, but suggested it was understandable that the man would drive while unlicensed due to the long period of disqualification and lack of alternative transport.

Driver licences can also be cancelled due to other, non road-related fines, such as not having a train ticket, or having an unregistered dog. These fines can quickly accumulate and, if unpaid, can lead to the cancellation of the driver licence.


https://theconversation.com/indigenous-australians-need-a-licence-to-drive-but-a...

How about they do the right thing in the first place and they won't have any issues, like it is for us?



Barriers to licensing

High crash and fatality rates among young people have led to the development of graduated licensing laws for new drivers.

But while the laws improve safety and are successfully driving crash rates down, they also create significant barriers to licensing. New drivers must pass multiple tests and accumulate up to 120 hours of supervised driving practice during the learner phase.

These laws have a disproportionate impact on Aboriginal people, who can face a number of barriers to getting a driver licence, including difficulty accessing identification documents, low levels of literacy and numeracy, the various costs associated with the graduated licensing system, lack of access to a car and a supervising driver, as well as outstanding debt.

In New South Wales, Aboriginal people are more likely to fail the driver knowledge test than non-Aboriginal people. And they are three times as likely to lose their driver licence due to fine default.

Although data are scarce in most states, driver licensing rates are low: Aboriginal people represent only 0.4% of all driver licence holders in NSW but make up 1.9% of the eligible driver population.
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mothra
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Re: Quote:Indigenous incarceration rates 'intolerable'
Reply #12 - Dec 7th, 2016 at 1:27pm
 
rhino wrote on Dec 7th, 2016 at 1:22pm:
mothra wrote on Dec 7th, 2016 at 12:42pm:
Imprisonment for driving offences

Driving without a licence can quickly lead to jail, and Aboriginal people are over-represented in driver licensing-related incarceration. In New South Wales, Aboriginal people found guilty of a “driver licence” offence are imprisoned at two to three times the rate for non-Aboriginal people.

It has been suggested that this is due to fines issued to unemployed people who are unable to pay them, and that such sentencing is unduly harsh, and out of line with community expectations.

The NSW coroner last week ruled on the death of an Aboriginal man in custody who was imprisoned for licensing offences. The coroner found he died of natural causes, but suggested it was understandable that the man would drive while unlicensed due to the long period of disqualification and lack of alternative transport.

Driver licences can also be cancelled due to other, non road-related fines, such as not having a train ticket, or having an unregistered dog. These fines can quickly accumulate and, if unpaid, can lead to the cancellation of the driver licence.


https://theconversation.com/indigenous-australians-need-a-licence-to-drive-but-a...
clever editing by Mothra however this is the bit she cut out
Quote:
this is due to fines issued to unemployed people who are unable to pay them,
So they go to jail because they dont pay their fines, just like white people.



I didn't cut anything out. I copy and pasted in an entire section.
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mothra
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Re: Quote:Indigenous incarceration rates 'intolerable'
Reply #13 - Dec 7th, 2016 at 1:31pm
 
Significant contributing factors to the high rates of Indigenous
imprisonment are the state and territory government bail and
sentencing policies, which include mandatory sentencing, and
provide few alternatives to remanding individuals in custody and
imprisoning individuals for non-serious offending.


https://www.lawcouncil.asn.au/lawcouncil/images/LCA-PDF/Indigenous_Imprisonment_...
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Re: Quote:Indigenous incarceration rates 'intolerable'
Reply #14 - Dec 7th, 2016 at 1:37pm
 
mothra wrote on Dec 7th, 2016 at 11:59am:
“Incredibly trivial offences


Did not receive court mail. Some Aboriginal people end up in jail because they did not get the postal notifications of court dates after which bench warrants are issued and bail is unlikely [11].


Give me a break


mothra wrote on Dec 7th, 2016 at 11:59am:
Can’t make it to court. Others simply cannot make it to a court date due to funerals or health problems and courts are too inflexible to change the date [25].


Yeah, right.  Grin Grin Grin


Unpaid fines. A young Aboriginal woman was held for four days because she hadn’t paid her parking fines [40], Tragically, in this case, the woman died a short time after. [/quote]

Cherry-picking special cases doesn't count.


mothra wrote on Dec 7th, 2016 at 11:59am:
Driving unlicensed. Youth who might never have seen a traffic light or a freeway have difficulties getting a license because remote communities lack trainers and facilities, and the language used for driving tests is inappropriate. When they then get caught repeatedly driving unlicensed, uninsured and unregistered—a common “trifecta” on court lists—they end up in jail [12]. In many Aboriginal communities only one person holds a drivers license.


Is this a comedy routine?

What do these kids need to drive a car for - to get to work?

Sheesh!


mothra wrote on Dec 7th, 2016 at 11:59am:
In New South Wales, the Local Court is required to add a further 5-year disqualification period under the Roads and Traffic Authority Traffic Act’s Habitual Offender Scheme introduced for people who commit 3 serious traffic offences in 5 years [16]. This means some people who collected too many offences in their youth might get disqualified from driving until they are for example 50 years old. This has dire consequences for the standard of living, finding work and managing children.


An excellent policy that helps to keep the public safe from these renegades and unlicenced cowboys.


mothra wrote on Dec 7th, 2016 at 11:59am:
Disorderly conduct. “Every day of the week we act for Aboriginal people who’ve been charged with disorderly conduct,” says Peter Collins, Legal Director of Aboriginal Legal Services in Western Australia (ALSWA) [9].


That is, who have been rightfully and lawfully charged with disorderly conduct.

If you don't want to be arrested, then behave yourself when in public. It's really very basic.


mothra wrote on Dec 7th, 2016 at 11:59am:
“Their crime: To swear at the police. They use the F word, they use the C word. Often they’re drunk or affected by drugs or both, or they’ve got a mental illness or they’re homeless or whatever.”


Grin Grin Grin

Swearing at the police is okay if you're drunk, drugged, depressed, or homeless.

I must remember that for my next Rave party.


mothra wrote on Dec 7th, 2016 at 11:59am:
“But it seems to me the only people in this day and age who are offended by the use of the F word and the C word are police.


This is a joke - right? Mothra?


mothra wrote on Dec 7th, 2016 at 11:59am:
And so these [Aboriginal] people are hauled before the courts for these incredibly trivial offences.” In Wickham, Western Australia, Aboriginal people have been arrested for ‘shouting’ [7]. Many times, police challenge Aboriginal people into such behaviour.


Grin Grin Grin

As with ... "Stay where you are. Put your hands behind your back. Stop resisting arrest ... "

And all the while the Abo is shouting obscenities at the arresting officers.

mothra wrote on Dec 7th, 2016 at 11:59am:
In all my years of research in criminal justice, I can tell you it would be very difficult to find a white person charged with shouting or swearing.
—Dr Brian Steels, restorative justice researcher, Murdoch University [7] [quote]


Could it be that they don't swear beyond a certain point after the officers have given them a clear warning to calm down or have swearing charges added to their offences?

Toilet paper, Mothra.

This whole list is nothing but Apologist toilet paper.

Please flush it away and make sure it's not a floater. Use the toilet brush if you have to.
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