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Australia was rated as the top destination for millionaire migrants in 2016 for the second year in a row. Meanwhile the latest Australian Institute of Health and Welfare reveal high correlations between prison entrance and indicators of entrenched poverty and discrimination. If we want our system for justice to amount to something more than a mirror of our inability to distribute wealth and opportunity evenly, we need to address the undeniable role wealth inequality has in putting people in prison.
With idealism and pragmatism, I invite you criminal lawyers in the next 30 years to imagine and enact a better criminal justice system which alleviates rather than exacerbates the devastating effects of colonisation and marginalisation on Indigenous Peoples, and most particularly their children. An intelligently designed criminal justice system must help secure the foothold of Indigenous children in both the Market and the Dreaming.
Both major parties offer 'one size fits all' approaches to youth unemployment. This ignores the huge difference in experiences - and employability - between different categories of young person. Not all have completed high school and live at home in a supportive environment. For young people at risk of homelessness, those experiencing mental illness or substance abuse problems, or those who have had contact with the criminal justice system, the initiatives of both parties simply won't be effective.
Greens leader Richard di Natale is currently visiting Portugal for a first hand look at how they have successfully bypassed the criminal justice system in treating drug addiction. There’s increasing acceptance of the view that addiction is caused by a lack of social connection and bonding. For Portugal, the most crucial step was to provide addicts with secure housing and subsidised jobs so they had a purpose in life and a sense of responsibility.
How we name someone makes a big difference. Criminals are subject to the criminal justice system. They can access legal aid and the prosecution must prove its case. Whereas terrorists can have their citizenship cancelled under the proposed changes to the Citizenship Act if they are a dual national, even without a conviction.
Over the last few months, I have been completing a Masters in International Criminal Law at the United Nations Interregional Crime and Justice Research Institute in Turin, Italy. Over the last two weeks, our classes revolved around human rights — always a bit of a cringeworthy topic when one comes from Australia. Certainly Italy's attitude and approach to asylum seekers puts Australia's to shame.
The African Union has asked the United Nations Security Council to suspend the trials of sittings Kenyan heads of state. Meanwhile Amnesty International has claimed that any killing of civilians by United States' drones violates the laws of war. Both cases call into question whether the International Criminal Court can end impunity for the most serious international crimes.
PNG prime minister Peter O'Neill has resolved to see the death penalty handed to the murderers of two porters killed during last Tuesday's attack on a group of Australian and New Zealand trekkers. Australia's incoming foreign minister Julie Bishop needs to remind PNG that Australia opposes the death penalty, and that it will curry no favour with Australia by executing criminals who harmed Australians.
In Australia the child's welfare is trumped by the demands of a justice system focused on containment of risk, and by populist calls to get tough on crime. When offending children are seen through a judicial lens, and justice is seen as retributive, the support society offers them to become responsible adults is fragmented.
Derryn Hinch has been an outstanding social justice advocate, but is also a repeat offender with contempt for the law and no sign of remorse. Because he has a voice, he has managed to avoid social exclusion. Most 'hardened criminals' don't have this advantage.
A 14-year-old boy in a country town has his first gulp of beer in a street. A passing police officer charges him. How is it that the first resort in many cases in Australia is to immerse the child in the criminal justice system?
One of the vices of nationalism is the symptom of long memory. Punishing accused war criminal Radovan Karadzic will do little to convince those who are set in their positions — Bosnia's Muslims will feel vindicated, but Bosnian Serbs are simply weary.
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