Indigenous Women and Criminal Justice

Cunneen, C

Indigenous Women and Criminal Justice

Cunneen, C

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Publisher:: Oxford University Press
Publication Type:: Chapter
Citation:: Aboriginal and Torres Strait Islander Legal Relations, 2019, pp. 132 - 152
Issue Date:: 2019

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Field	Value	Language
dc.contributor.author	Cunneen, C https://orcid.org/0000-0002-3348-9282	en_US
dc.contributor.editor	Behrendt, L	en_US
dc.contributor.editor	Cunneen, C https://orcid.org/0000-0002-3348-9282	en_US
dc.contributor.editor	Libesman, T	en_US
dc.contributor.editor	Watson, N	en_US
dc.date.issued	2019	en_US
dc.identifier.citation	Aboriginal and Torres Strait Islander Legal Relations, 2019, pp. 132 - 152	en_US
dc.identifier.isbn	0190310030	en_US
dc.identifier.isbn	9780190310035	en_US
dc.identifier.uri	http://hdl.handle.net/10453/133809
dc.description.abstract	There are a number of reasons for a separate consideration of Indigenous women. Women in general have been neglected as group in the criminal justice system, and this is even more pronounced with Indigenous women. For example, Marchetti (2007, 2008) has drawn attention to the limitations of the RCADIC in its considerations and recommendations relating to Indigenous women. Shortly after the release of the report it was noted that the specific experiences of Indigenous women who died in custody had been ignored – nearly all the women died while detained by police for minor offences (Kerley and Cunneen 1995). Indigenous women face particular problems in their contact with the criminal justice system. On the one hand there are high levels of criminal victimisation (particularly for domestic assault), yet there are also significant limitations with the extent to which the law provides protection. For example, for some women the use of counterviolence may be their only self-defence (see the Kina case study below), or their earlier and/or ongoing exposure to violence and abuse may lead to, for example, drug and alcohol problems, and subsequent later offending (Cunneen and Kerley 1995; Stubbs and Tolmie 2008; Bartels 2012a; VEOHRC 2013). Aboriginal and Torres Strait Islander women are over-represented as offenders within the criminal justice system and particularly within prison. In fact, Indigenous women are the fastest growing group in prison, ‘growing at a rate which significantly exceeds the growth rate of other groups, including Aboriginal and Torres Strait Islander male offenders’ (ALRC 2017: 162).	en_US
dc.publisher	Oxford University Press	en_US
dc.relation.ispartof	Aboriginal and Torres Strait Islander Legal Relations	en_US
dc.title	Indigenous Women and Criminal Justice	en_US
dc.type	Chapter
utslib.location	Melbourne	en_US
utslib.for	1801 Law	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Provost
pubs.organisational-group	/University of Technology Sydney/Provost/Jumbunna
pubs.organisational-group	/University of Technology Sydney/Strength - SIC - Strengthening Indigenous Communities
utslib.copyright.status	closed_access
pubs.consider-herdc	false	en_US
pubs.place-of-publication	Melbourne	en_US
pubs.publication-status	Published	en_US

Abstract:

There are a number of reasons for a separate consideration of Indigenous women. Women in general have been neglected as group in the criminal justice system, and this is even more pronounced with Indigenous women. For example, Marchetti (2007, 2008) has drawn attention to the limitations of the RCADIC in its considerations and recommendations relating to Indigenous women. Shortly after the release of the report it was noted that the specific experiences of Indigenous women who died in custody had been ignored – nearly all the women died while detained by police for minor offences (Kerley and Cunneen 1995). Indigenous women face particular problems in their contact with the criminal justice system. On the one hand there are high levels of criminal victimisation (particularly for domestic assault), yet there are also significant limitations with the extent to which the law provides protection. For example, for some women the use of counterviolence may be their only self-defence (see the Kina case study below), or their earlier and/or ongoing exposure to violence and abuse may lead to, for example, drug and alcohol problems, and subsequent later offending (Cunneen and Kerley 1995; Stubbs and Tolmie 2008; Bartels 2012a; VEOHRC 2013). Aboriginal and Torres Strait Islander women are over-represented as offenders within the criminal justice system and particularly within prison. In fact, Indigenous women are the fastest growing group in prison, ‘growing at a rate which significantly exceeds the growth rate of other groups, including Aboriginal and Torres Strait Islander male offenders’ (ALRC 2017: 162).

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http://hdl.handle.net/10453/133809