Criminology Research Council grant ; (28/89)
This study sought to identify factors which may contribute to the over-representation of young Aboriginal people in the juvenile justice system. In particular, it examined the extent to which discretionary decision-making by criminal justice agencies such as the police and courts affects Aboriginal young people. It also aimed to provide a basis for the development of strategies to reduce the level of over-representation of young Aboriginal people in the juvenile justice system.
It was concluded that while Aboriginal and non-Aboriginal young people are treated equitably by the courts, there appears to be some bias against young Aboriginal people in police decisions to arrest and prosecute. The research consequently suggested that there should be a strong emphasis on improving equity at the level of police decision-making.
Although court decisions themselves appeared to be unbiased, it was concluded that the significantly longer criminal records of young Aboriginal people increase the likelihood that they will receive a harsher penalty such as a detention order.
The over-representation of Aboriginal people is one of the most significant issues in the criminal justice system and it is not possible to comprehensively monitor the effects of the system on Aboriginal people as Aboriginality is not regularly recorded in criminal justice data collection systems. The research recommended that the most relevant point of collection would be at the time of court proceedings, based on a person's own assessment of their cultural identification.