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Is There a Role for the Application of Customary Law in Addressing Aboriginal Criminality in Australia

NCJ Number
173245
Journal
Critical Criminology Volume: 8 Issue: 2 Dated: Autumn 1997 Pages: 91-102
Author(s)
R Sarre
Date Published
1997
Length
12 pages
Annotation
This article reviews the political and legal climate in which responses to Aboriginal criminality are being addressed.
Abstract
Empirical evidence supports the poor health, education, and employment prospects for Aboriginal Australians. In addition, Aboriginal people are far more likely to be drawn to the attention of police and taken into custody. Their presence in the criminal court is disproportionately high, they are vastly over-represented in prison, and they are at much greater risk of threat to life and health and of victimization than non-indigenous Australians. This article argues that there are grounds for greater recognition of Aboriginal customary law as a means of addressing the problems. More overt recognition of customary law would, among other things: advance the cause of reconciliation; help bring Australia into line with its international undertakings in accordance with several United Nations human rights conventions and covenants; help to reduce the gross disparities between the numbers of Aboriginal people in the general population and the numbers in prisons and police cells; and bring about safer and less violent communities. The article also discusses difficulties and unanswered questions concerning recognition. Notes, references

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