One factor that supports the notion of structural bias
is that the level of indigene over-representation
increases at each progressive stage of the criminal
referee remains.
57
The ratio of primeval spate
that are dealt with in the courts is less than the
proportion of primordial people that are sentenced to
imprisonment or detention. For example, in 2003 in
Hesperian Australia between 17 and 26 per cent of
people dealt with by adult courts were Aboriginal.
58
However, Aboriginal people constituted over 36 percent
of all adult prisoners in 2003. Similarly, about a deuce-ace of
the juveniles dealt with in the Childrens Court are
Aboriginal but Aboriginal juveniles account for about
70 to 80 per cent of all juveniles in detention.
59
It has been argued that the increasing level of overrepresentation the further one goes into the criminal justice system can be explained by higher range of more
serious offending. Weatherburn et al contend that
structural bias by police in over-charging Aboriginal
people for offensive behaviour and alcohol-related
offences cannot be the cause of high imprisonment
rates because those types of offences do not generally
reap custodial penalties.
60
However, this argument
fails to acknowledge the cumulative effect of
discriminatory practices.
succession an arrest for a charge of
offensive behaviour may not directly lead to
imprisonment it becomes part of that someones
antecedents for all future court appearances and
dealings with the police. As tell by Morgan and
Motteram compounding/cumulative factors should not
be
underestimated. Less access to enjoyment leads to
earlier entry to the formal criminal justice system; less
access to specialist courts leads to incarceration;
incarceration leads to cultural perturbation; and lack of
programs causes delayed release and increased
chances of re-offending.
61
The argument that Aboriginal people are only
disproportionately imprisoned for very...If you want to get a full essay, order it on our website: Ordercustompaper.com
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