Penal Practices Essay

Pages: 8 (2593 words)  ·  Bibliography Sources: 10  ·  File: .docx  ·  Level: College Senior  ·  Topic: Criminal Justice


Crime, Aboriginality and the Decolonization of Justice

There are reports of huge levels of sending people to jails in Australia as Blagg (2007) mentions. The people from nationalities originally outside Australia are unjustly treated. Thus are more easily imprisoned than a native would be. There is no clear indication if the native is penalized less only by less time in prison or also if the natives are fined in place of imprisoning them. The Aboriginals and the non-aboriginals have different levels of access to as well as support from the court. Some people say that the intensity of crime varies in the areas they are committed but this should still not result into high level of discrimination, in fact discrimination at all, in the justice and the penal system.

Blagg (2007) believes, for what he is criticized too, that there is sexual and violence biasness in Australia where the Aboriginals are not punished for these two crimes but the non-aboriginals are. The customary law is silent why the people cannot be equally treated for indulging in sexual and social violence. This disturbs the balance of the society at the end of the day and everyone suffers because if someone is not punished for what he actually should be, things gets worse with time and every other person in aboriginal race would be encouraged to indulge in crime since there are not tight regulations against them.

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TOPIC: Essay on Penal Practices Penal Is a Assignment

Since Australia embraced globalization, and even much earlier than that, people have been coming to this land for several purposes. But today more people seek to come to Australia for educations, jobs and business. The country has favorable political and social system yet the legal system is not much suitable for the non-natives. Cunneen (2008) says that there are sever issues of violence regarding the local people. The local people govern the penal and legal system thus they have an upper hand in the law. Their people, i.e. The natives are not punished as gravely as are the non-locals. Besides that, the locals are not also punished for that long. The local bodies and the legal system seem sensitive for 'own' people and the non-natives are trialed cold heartedly.

The problem is observed at different levels in different countries but is severe in Australia. The social system is such that people do not care if their non-native fellow citizens are trilled harder for the same crime. The violence of confinement for locals is severe which should be checked and controlled by the legal administration in Australia. This will lead to a system formed on the basis of justice and fairness despite the racial differences.

Violence of Incarceration

Violence and incarceration can take the shape of torture against the prisoners like abuse, beating or the sexual violence. The penal system in USA, England and Australia are not secure enough from inmate's perspective (Scraton and McCulloch, 2011). There has been military aggression too on the prisoners that put terror on the prisoners. The political administration often strategically uses violence and incarceration to maintain social discipline yet the strategy is not quite successful. The prisons should have been made to maintain justice in the economy and system but in countries like Australia that seems to have been just a minor purpose since actually the injustice prevails the penal system in form of racial biasness. The inmates often fall victim to violence inside the prison. This crime to criminals is seldom brought to notice and rarely trialed in the court of law. The people involved in mistreating the prisoners are not punished because it is thought as a necessary measure to deal with the prisoners. Thus it is often believed that the prisons serve as training centers for the habitual criminals. A person mistreated in a prison is often motivated to do wrong in the society to pay back what he received from the society. James (1996) says that the society can only benefit in the long run if the people in and outside the jail are treated fairly and receive their due rights to justice and fairness. Else, the burden of responsibility lies on the penal and justice system of the country.


Justice system is one of the root functions of a society. Where there are people living together, there are injustices and crimes. The penal and justice system ensures that the people get their due rights and that nobody is wronged. Also if a person is affected negatively by the acts of someone else, he should be compensated and the criminal should be punished. The penal system however fails to do its job by committing violence against the criminals and prisoners (Hogg, 2001). This leads to injustice within the system mean to provide justice. The penal system should be regulated such that everyone is rightly treated and no one has to pay more than what he deserves.

The system of penal practices can ensure to perform on just and fair basis by offering due representation to non-native legal personnel in the system. The system should not only comprise of natives because this will lead to the system that is strict towards non-locals and lenient towards locals. The representation in the penal system should be based on the population dynamics and no race should be over-represented in the penal system or the jury. Thus, the chances of injustice as well as violence against the prisoners will be minimized as much as possible.


1. Spivakovksy, C. 2013. 'Chapter 1: The Infalliable Science of Offending Behaviour', Racialised Governance: The Mutual Constructions of Race and Criminal Justice, Ashgate Press, pp. 15-37.

2. Davis, A.Y. 1998. 'Racialised punishment and prison abolition', in J. James (ed.), The Angela Y. Davis Reader, Blackwell Publishers, Cambridge, pp. 96-107.

3. Alexander, M. 2010. The New Jim Crow: Mass Incarceration in the Age of Colorblindness, The New Press, New York.

4. Bird, G., Martin, G. & Nielsen, J. (eds.) 1996. Majah: Indigenous Peoples and the Law, Federation Press, Sydney.

5. Blagg, H., 2007. Crime, Aboriginality and the Decolonisation of Justice. Leichhardt, NSW, Hawkins Press.

6. Cunneen, C. 2008. 'Indigenous Incarceration: The Violence of Colonial Law and Justice', in

7. Scraton and J. McCulloch (eds.), The Violence of Incarceration, Routledge, London, pp. 209-224.

8. Cunneen, C. 2006. 'Racism, discrimination and the over-representation of Indigenous people in the criminal justice system: some conceptual and explanatory issues', Current Issues in Criminal Justice, Vol 17 (3): pp. 329-346.

9. Hogg, R. 2001. 'Penality and modes of regulating Indigenous peoples in Australia', Punishment and… [END OF PREVIEW] . . . READ MORE

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APA Style

Penal Practices.  (2013, August 24).  Retrieved October 27, 2021, from

MLA Format

"Penal Practices."  24 August 2013.  Web.  27 October 2021. <>.

Chicago Style

"Penal Practices."  August 24, 2013.  Accessed October 27, 2021.