Monday 3 December 2012

Australia’s Costly Penal System Under Investigation


By Ruth Skilbeck

A Senate Inquiry was launched last week into alternatives to Australia’s costly prison system, which has been proven to be ineffective and counterproductive in ending crimes.
Australia is now spending $3 billion a year on keeping people in prisons. Figures have tripled in the past 3 decades, the highest risk group of imprisonment now is Indigenous women, and in recent years Indigenous mothers many with traumatic mental health and cognitive disorders – often as result of violence – are increasingly imprisoned rather than treated in the health system.
Since the start of the Northern Territory Intervention in 2007 there has been a 70% increase in incarceration figures in the Northern Territory in Australia.

The old colonial-style policies of incarceration are not working as a deterrent to crime and are causing more social problems and enormous costs to the State in ‘postcolonial’ decolonising societies around the world, of which Australia is a prime example, according to current research conducted in Australia.

Over the past 20 to 30 years the number of people imprisoned in Australia has tripled, and the majority of these are from disadvantaged social background with a disproportionate number of Indigenous people in prison, and amongst these a disproportionate number of Indigenous women the majority of whom are mothers.

Even more worryingly in recent years there has been an increasing rate of imprisonment of Indigenous women with mental health and cognitive disorders- including brain injuries resulting from violence. Rather than receiving effective health care they are being incarcerated – and meanwhile the children of incarcerated mothers are very often left to fend for themselves. A large percentage of the children of incarcerated mothers end up in the juvenile justice system, thus perpetuating a vicious cycle, which has been almost impossible for the majority of people from these disadvantaged backgrounds to escape.

 Australian Research Council funded research conducted in Australia, led by Professor Eileen Baldry professor of criminology at the Social Policy Research Centre at the University of New South Wales,  (Baldry, Dowse, Clarence 2012) shows that once an indigenous person enters the juvenile justice system at an early age the statistics show a very high chance that they will continue to be imprisoned repeatedly throughout their entire lives

Even more alarmingly the statistics in the new research show that almost all of the children and youth who are picked up in the juvenile justice system had parents who were affected by the ‘Stolen Generations’ policies, which saw the separation of children from parents by the State in an attempt to assimilate Aboriginal peoples under the white Australia policy that was in effect from 1909-1967. This only ended when Aboriginal people finally won the right to vote after much voicing and protesting resistance and a referendum that showed the majority of Australians wanted Aboriginal people to be equal citizens.

But the research into ‘lifecourse’ state records data conducted by Professor Baldry’s team, the Australian Prison Project Group, at The University of New South Wales shows that since then over 40 years later, equality has not prevailed and very far from it, the ongoing social inequality is reflected in the usually unseen underbelly of penalization figures- in which Aboriginal peoples are disproportionately represented. In recent years mothers have been the highest rising group, thus effectively constituting another form of separation of Aboriginal and indigenous children from their mothers, and fathers, and families.

What the research also shows is the enormous cost, not only to quality of life of indigenous people and to the social fabric, but in terms that government’s understand- monetary cost to the State. It costs $221 per day to keep a person in prison (the same cost as for an upmarket hotel room) and Australia is now spending  $3 billion a year on keeping people in prison. 
Many people in the research survey are imprisoned for relatively minor crime, with short prison terms, often they are homeless and there is a correlation of homelessness and return to prison according to the research survey.

Around the world researchers now investigating the policies of penalization, for minor crimes, in decolonizing countries, are coming to the same results, they are unsustainable and do not work.

This is shown in Australia in repeat imprisonment throughout peoples entire lives; and imprisonment does not equip people to live free from the state after leaving prison, as the figures show that the majority continue to return to prison. Yet prison, and custody, is not a safe place, as the increasing numbers of deaths in custody of Indigenous peoples also shows.

This week a Senate Inquiry was launched into Justice Reinvestment to look at alternatives to the current system, with a focus on addressing the underlying social causes of crime and how to improve rehabilitation through addressing disadvantage where it occurs in societies, and work to counteracting the causes.

What emerges most starkly from the chilling body of evidence in research papers, is the lack of humanity with which already disadvantaged peoples have been- and continue to be- treated in this most unjust penal system, and the urgent need for new approaches to tackle the social problems and health issues, for which, clearly, prison is not a sustainable solution.

New creative and humane solutions are needed to address the complex problems eventuating from the impacts of the 'Stolen Generations' policies as the old 'solution' of mass incarceration has been shown not to work. 

©Copyright Ruth Skilbeck  30 November 2012




Baldry, Eileen and Cunneen, Chris (2012) ‘Contemporary Penality in the Shadow of Colonial Patriarchy’ in Coventry, Garry & Shincore, Mandy (Eds.). (2012) Proceedings of the 5th Annual Australian and New Zealand Critical Criminology Conference July 7 and 8, 2011.  James Cook University, Cairns Campus. Townsville, Queensland: James Cook University. ISBN 978-0-9808572-4-5.

Baldry, Eileen, Dowse, Leanne, Clarence, Melissa (2012) “People with Mental and Cognitive Disabilities: Pathways into Prison.” Background Paper for Outlaws to Inclusion Conference, February 2012.

Senate Inquiry: Value of a justice reinvestment approach to criminal justice in Australia.







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