This book is a 1990 account of the ways in which young Aborigines
were at a disadvantage before laws and legislation had been
introduced, intended to improve their position. Aboriginal Youth
and the Criminal Justice System focuses on South Australia, where
detailed statistics are available, in a sophisticated analysis of
the exact nature of the discrimination experienced by young
Aborigines. Fay Gale, Rebecca Bailey-Harris and Joy Wundersitz
examine the criminal justice system in operation; from the initial
intervention by a police officer, through the process of screening
and assessment to the final outcome - which all too often is a
criminal record. The research clearly shows that at every point
where discretion was exercised within this system, Aboriginal
youths received the harsher option. Thus disadvantage is heaped on
disadvantage until young Aboriginals were imprisoned at 23 times
the rate of other young Australians. Even for those who escaped
detention, participation in the criminal justice system was often
such an ordeal that it became a form of punishment in itself.
Discretion, though preferable to inflexible rules could operate
against a group whose lifestyle and values differed from mainstream
society.
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