Pathways to justice in the APY Lands : Breaking the cycle of offending
Journal article
Whellum, Peter, Reilly, Alexander and Nettelbeck, Amanda. (2019). Pathways to justice in the APY Lands : Breaking the cycle of offending. Griffith Law Review. 28(4), pp. 431-453. https://doi.org/10.1080/10383441.2019.1748832
Authors | Whellum, Peter, Reilly, Alexander and Nettelbeck, Amanda |
---|---|
Abstract | In 2017 the Australian Law Reform Commission released the Pathways to Justice report, an inquiry into the incarceration rate of Aboriginal and Torres Strait Islander peoples. The Commission found that ‘community reinvestment’ strategies were needed to redress the disproportionately high incarceration rates experienced by Indigenous people. Previous strategies involved attempts at pluralising the mainstream criminal justice system, such as by mandating the use of English language interpreters and Aboriginal Justice Officers. However, the example of the Anangu Pitjantjatjara Yankunytjatjara (APY) Lands demonstrates that these efforts have had limited success in curbing offending and resulting incarceration. The cultural alienation and physical dislocation of the mainstream criminal justice system from APY communities has perpetuated barriers to justice, as seen in the difficulty of accessing interpreters and the occurrence of convenience pleas. To best deliver justice, prevent recidivism and reduce incarceration in Indigenous communities, this article supports the central recommendation of the Pathways to Justice report that mainstream criminal justice resources be transferred into community-led programs. |
Keywords | criminal law; Aboriginal and Torres Strait Islander rights; customary law; administration of justice; justice reinvestment; APY Lands |
Year | 2019 |
Journal | Griffith Law Review |
Journal citation | 28 (4), pp. 431-453 |
Publisher | Routledge |
ISSN | 1038-3441 |
Digital Object Identifier (DOI) | https://doi.org/10.1080/10383441.2019.1748832 |
Scopus EID | 2-s2.0-85083366864 |
Research or scholarly | Research |
Page range | 431-453 |
Publisher's version | License All rights reserved File Access Level Controlled |
Output status | Published |
Publication dates | |
Online | 03 Apr 2020 |
https://acuresearchbank.acu.edu.au/item/8w3yz/pathways-to-justice-in-the-apy-lands-breaking-the-cycle-of-offending
Restricted files
Publisher's version
136
total views0
total downloads1
views this month0
downloads this month