NCJ Number
96002
Date Published
1984
Length
11 pages
Annotation
Seven towns were selected from three kinds of areas -- urban, settled 'fringe dwelling' rural, and isolated rural -- with relatively high aboriginal populations to examine the dynamics of court processes in contributing to the overrepresentation of Aborigines in the West Australian criminal justice system.
Abstract
Statistical information from court charge sheets for a 12-month period ending June 30, 1981, were analyzed; qualitative data on decisionmaking processes and interaction within the courtroom were based on 2 weeks of observing court hearings in each town. The variations in charging patterns, provision of legal representation, and sentencing patterns according to court type, as well as defendant's race and the town or region in which the case was heard combined to produce inconsistent criminal processing that was more a detriment to aboriginal than white defendants. Proportionately, more Aborigines live in isolated areas. In the more densely populated regions, administration of the courts and policing are separate functions. In less populated areas, both roles are performed by the police. Justice is administered in the remote courts by lay judicial officers. Legal representation is rarely available. Aborigines were more likely to be charged in these courts. As a result, the character and style of the justice process to which they were subjected was generally quite different from that experienced by white defendants. Aborigines were more likely to be charged than whites, and when convicted, were more likely to be imprisoned. Tabular data are provided.