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20 Current Issues Crim. Just. 323 (2008-2009)
Criminology, Criminal Justice and Indigenous People: A Dysfunctional Relationship?

handle is hein.journals/cicj20 and id is 331 raw text is: Criminology, Criminal Justice and
Indigenous People: A Dysfunctional
Relationship?t
The John Barry Memorial Lecture, University of Melbourne,
25 November 2008
Chris Cunneen, NewSouth Global Professor of Criminology,
University of New South Wales, Sydney
Introduction
This lecture looks at issues of crime and violence in Indigenous communities in the context
of broader problems of criminal justice law, policy and practice. In particular it addresses
four points:
*   the problem the legal system has in ensuring protection of Indigenous women in
the context of domestic and family violence;
*   the problem Indigenous people have in using the legal system to protect and
enhance their own interests and rights, particularly in the area of civil and family
law, and the implications this has for criminalisation;
*   Indigenous access to legal advice and representation and funding issues associated
with Aboriginal legal services; and
*   the limitations of criminal justice agencies in developing strategic policies that
change the way they do business with Indigenous people.
The difficulties experienced by Indigenous people in their interactions with the criminal
justice system are well documented and regularly reported upon through the Review of
Government Service Provision process (Steering Committee for the Review of Government
Service Provision 2007). The extent of over-representation of Indigenous people in the
criminal justice system has deepened since the landmark Royal Commission into Aboriginal
Deaths in Custody in 1991 and the recent 2007 Overcoming Indigenous Disadvantage
Report noted that Indigenous people's 'involvement with the criminal justice system
continued to deteriorate' (Steering Committee for the Review of Government Service
Provision 2007:4).
It is not the purpose of this lecture to review all the relevant data on the problems of over-
representation in the criminal justice system. I simply note that Indigenous prisoners
represent 24% of the total national prisoner population - a proportion of the prison
population which has been consistent over the last few years (Australian Bureau of Statistics
2008). Imprisonment rates for Indigenous men and women have increased quickly: between
t The author acknowledges the work of Melanie Schwartz and Fiona Allison in various sections of this paper.

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