102712 First Nations And Criminal Justice Case Study Assignment

Subject Code & Title :- 102712 First Nations And Criminal Justice
Assessment Type :- Assignment Case Study
Length :- 900 Words
Following on from the first assessment students will be required to write a 900-word report to a criminal justice organisation examining the recommendations or key points to address the issue that was presented in the first assessment task. (Case Study).
102712 First Nations And Criminal Justice Case Study Assignment

102712 First Nations And Criminal Justice Case Study Assignment

If you are writing a letter to an organisation
You may want to write a letter to an organisation there is a guide/example attached. The Report should outline the key points and any recommendations that were made either from a Coronial Inquest or Royal Commission. You need to examine these key points and/or recommendations in relation to your first assessment example if appropriate and examine whether any or the recommendations or legislation/policy has changed.

Some of the places that might be of interest for you to write to include:

Victorian Aboriginal Child Care Agency VACCA Victorian Aboriginal Community Controlled Health Organisation VACCHO Aboriginal Community Controlled Health Organisation ACCHO Victorian Aboriginal Legal Service (VALS) Djirra Ab-sec Aboriginal Legal Service NSW ALSNSW or any other Aboriginal Legal Service around Australia LegalAid National Aboriginal and Torres Strait Islander Legal Service NATSILS Governments Prime Minister Aboriginal Community Controlled Organisations NGO’s Government Organisations department of justice etc Corrections or Correctional Facility Courts Police departments Koori Youth Council Commission for Children and Young People CCYP Australian Institute of Criminology ANTaR Amnesty The United Nations Oxfam Coroner Human Rights government and so on. Basically any organisation that you think is relevant to your example that you used in your case study.

If you are writing a Report you need to include a paper similar to a small essay

Introduction :-
Key points recommendations. 
Most of you have chosen a death in custody of health-related area which have coronial inquests for you to examine. If you think your case doesn’t have a look back through the Royal Commission into Aboriginal Deaths in Custody (RCIADIC) as there will be 1 or more of the 339 recommendations made that will relate to your example from the case study. You can also change your example if you want.

102712 First Nations And Criminal Justice Case Study Assignment

102712 First Nations And Criminal Justice Case Study Assignment

Changes to the criminal justice system (if any). 
Look at the statistical data around imprisonment recidivism arrest rates etc and use these to prove your argument. You can use the Australian Bureau of Statistics Australian Institute of Criminology, crime statistics Victoria NSW Bureau of Crime Statistics and Data (BOCSAR) The Australian Law Reform Commission NT Police Fire and Emergency Services, WA Corrective Services – any government organisation that collates the data needed in relation to Aboriginal and/or Torres Strait Islander people and the criminal justice system or health.

102712 First Nations And Criminal Justice Case Study Assignment

First Peoples and Criminal Justice

Ms. Tanya Day was a 55-year-old Aboriginal woman who died at St. Vincent’s Hospital Victoria after an in attentive experience while in police custody. Ms. Day was pronounced dead on December 22, 2017, from a brain hemorrhage after sustaining a head injury while at the cells of Castlemaine police station Callaway 2019.

Before her police custody Ms. Day traveled on the V/Line train from Bendigo to Melbourne to visit her family. She was reported by the train conductor Shaun Irvine to the police for being unruly and drunk in public. The conductor had just begun checking the passengers’ tickets and found Ms. Day sleeping across the aisle Hurley 2020.

According to Cubillo 2021 Irvine’s quest to the police was termed as unconscious bias on Aboriginal people as it was his first incident to call the police yet at least three people per week were asleep on the train for quite similar reasons and were never reported. Under such circumstances this case study will concentrate on the treatment of Tanya Day from the incident of her arrest and the constables’ negligence that contributed to her death.

Chronology of Events

At around 3:54 pm, Day was in police custody at Castlemaine for violating the rule of being publicly drunk. The sergeant on duty had requested Ms. Day to be checked every 20 minutes to ensure her welfare check. From the CCTV footage Ms. Day fell more than five times while hitting her head within three hours of custody with the most significant hit at around 4 pm close to an hour after her arrest Callaway 2019). The police saw a lump on Ms. Day’s head and called for an ambulance three hours later when the police had come to release her from custody. She was rushed to Bendigo Health and was flown to St. Vincent Hospital as an emergency. She remained in a coma for a while and succumbed to brain hemorrhage seventeen days later

102712 First Nations And Criminal Justice Case Study Assignment

Royal Commission

McKinnon (2019) clarifies that since 1991 to date, more than 474 Aboriginal or Torres Strait Islander people have succumbed to death about police treatments and negligence while in police custody. In recent years, such deaths have tremendously increased since data reveals that 1 out of 7 indigenous people in 1992 were arrested for minor offenses such as public drunkenness or unpaid fines rose to four people in 2020 (Loader, 2020). Following the many public appeals the Royal Commission, in conjunction with the Victorian State government replaced public drunkenness crime with public health responses in 2019 (Jack, 2021).
Aboriginal people are likely to be twelve times under police custody for minor offenses than the white community in Australia. According to the 2020 Australian Bureau of Statistics 29% of Aboriginal Torres Strait Islanders are in prison, yet they represent relatively 3% of the national population (Cubillo, 2021). The Royal Commission is working to limit the number of indigenous incarnations to 15% by 2031 (Walsh et al., 2019). The scheme seems invalid unless the commission incorporates the public members to solve the existing
in justices in judicial areas.

Treatment of Tanya Day by Police

The treatment of Ms. Day by police is among the many deaths of indigenous people resulting from reduced dedication to the obligation of care owed to individuals in custody. Her death was highly contributed by criminal negligence by police officers through their failures to conduct the determined welfare checks in more recommendable ways (Fletcher, 2019). Her arrest beginning with the conductor’s decision, and the police seem to be purely attached to her Aboriginal race. She does not receive considerable care and protection during her custody probably due to her race. Later on the same day of Ms. Day’s arrest a non-indigenous woman who was severely drunk was driven off by the police to her home without police arrest or fine concluding an unfair approach (Callaway, 2019). Failure to prosecute the guilty officers for their unruly misconduct was devastating to the family as were it not for their arrest and negligence Ms. Day could be alive. The medical reports showed that Ms. Day had a 20% full recovery from the incident or could permanently be disabled (Hurley, 2020).

102712 First Nations And Criminal Justice Case Study Assignment

102712 First Nations And Criminal Justice Case Study Assignment

After Ms. Day’s Death

The death of Tanya Day was beginning the limelight for indigenous communities who had faced injustice while in police custody (Cubillo, 2021). She was the second family member to die in police custody after his uncle Harrison Barney died in 1982 due to epileptic disorder under unpaid fines conviction (Cunneen, 2019). Anyone found in such misconduct is treated as a public health response that will prevent relatable deaths in the future (Loader, 2020). If not for the train conductor’s unruly decision and police negligence, Ms. Day could be alive.

Despite the release of the CCTV footage on police negligence to attend to Ms. Day, confirms many injustices by those in power. According to Walsh et al. (2019) increased deaths by an indigenous community in police custody is unlikely to decrease unless the public is included in the police verdict.

102712 First Nations And Criminal Justice Case Study Assignment

Conclusion :-

Taking into account all the information analyzed above, it becomes evident that unless the Royal Commission works with the public to eradicate injustices in the criminal system a case similar to Ms. Day’s is due to happen in the future. Thus there is a need to retrain and update police officers on measures to protect welfare checks and safety priority for those in police custody to limit indigenous incarnations regardless of their race.

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