Posted: March 7th, 2015

To what extent should the criminal law of Australia adapt, if at all, to the needs and circumstances of Aboriginal people?

An Aboriginal Lawyer said “our problem is that we want to keep our culture. We want to respect our ancestors and their law but we also want to be equal citizens and we want human rights. We can’t do without changing our Law. But we need it ourselves, others want to do that for us. Only we can solves our own problems and we will do it our own way. But we really need the support of governments and our fellow citizens. You need to listen to the voices that are usually drowned out by the strong, the noisy and the powerful. You need to find a way to listen to those who don’t speak English. who are the most marginalized and victimized in our communities. You need to listen to our own women and young people, the ones who don’t have a voice under the old law. If you really want us to have human rights then you have to to find ways to protect victims of black crime as well as white crime” (passage taken from pages 60 to 61 of your Gray and Blockland text book).

To what extent should the criminal law of Australia adapt, if at all, to the needs and circumstances of Aboriginal people?

In asnwering this question you have the scope to demonstrate your understanding of the criminal law of Australia as it affects Aboriginal people. As a structure you should bconsider the following
-history
-aboriginal victims (e.g. targeted race crime or domestic violence or other sbstantive legal issues)
-treatment of suspects during arrest and questioning of other procedure
-the trial process
-sentencing

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