Narratives of youth diversion in NSW: silences around Indigeneity and gender
Dr Estrella Pearce1
1The University Of Sydney, Sydney, Australia
Aboriginal and Torres Strait Islander (ATSI) people are grossly over-represented in Australian prisons, making up 25% of the total Australian prison population in 2020. This over-representation is more pronounced in the juvenile justice system, with ATSI youth comprising 48% of all those in detention in 2020. Similarly, alarming statistics characterise the growing rate of imprisonment of ATSI women in Australia; ATSI women are the fastest growing demographic in Australian prisons and account for 33% of all incarcerated women in Australia. This over-representation is higher for ATSI young women, with ATSI young women compromising 56% of all young women in detention in the juvenile justice system. Based on an analysis of the Young Offenders Act 1997 (NSW) and qualitative research examining decision-making on diversion, this article will focus on the ways in which young ATSI women become the most disadvantaged group before the Australian criminal justice system. This paper argues that the intersections of disadvantage and oppression faced by young ATSI women, based on race, gender, and social class, are perpetuated by the Australian criminal justice system’s resolute commitment to the myth of gender and racial neutrality. This is demonstrated in interviews with key decision makers’ silences on issues of gender and race and a corresponding insistence on the gender and racial ‘equality’ of law. The systemic pattern of gender and race bias that is entrenched in the Australian criminal justice system needs to be decolonised through Indigenous feminist methodologies. Ultimately, this paper suggests that decolonised and post-colonial knowledges must form the foundation of any proposed solutions to the problem of ATSI over-representation in Australian prisons.
Biography:
Estrella Pearce is a Lecturer in Criminology at the School of Social and Political Sciences (SSPS) at the University of Sydney. Her research interests include the exploration of restorative justice practices in the context of youth governance. She has an interest in exploring the various ways in which the broader social/political and micro institutional practices within the criminal justice system affect at-risk youth, with a particular interest in the intersections of disadvantages experienced through race and gender.
Recent Posts
- From Robo-Debt to Robo-Deport: Automating the criminal deportation machinery
- Victims’ Needs in the Post Atrocity
- A Safe Haven? Women’s Experiences of Violence in Australian Immigration Detention.
- Teaching & learning criminology for the 2020s and beyond
- The Administrative Appeals Tribunal: The Experiences of Migrant and Refugee Women who are Victim-Survivors of Family Violence
Archives
Categories
- A closed mouth catches no flies: How tertiary prevention of sexual violence and abuse can inform primary and secondary prevention
- Bail & Illusions of Justice
- Before we get to court
- Border Policing and Migration
- Border violences and control
- Borders & Risk
- Carceral Borders
- Changes in ‘youth crime’ – perceptions and realities
- Changing perspectives on ‘youth’ and young people
- Children & young people in custody
- Children in state care
- Coercive Control
- Communication underpins access to justice
- Community
- Concurrent Panel
- Consequences of Invasion
- Corrections and Penology
- Courts and Sentencing
- Crime and Media
- Crime and the City
- Crime in the Pacific
- Crime Management
- Crime Prevention
- Cultural Criminology
- Curabitur acconvallis
- Cybercrime
- Cybercrime victimisation
- Development & Prevention of Youth Crime & ASB
- Digital Criminology
- Digital innovations in Offending and Control
- Encountering Crime in Everyday Publics
- Encounters with Crime and Justice in the Pacific Islands
- Ethics & Integrity: Police Training
- Everyday experiences of the internal border
- Expanding Criminological Frames: Global/Local
- Extending Punishment
- Family and Intimate Partner Violence
- Family Violence
- Forensic Criminology
- Gender and Crime
- Gender-based Crime in a Digital Age
- Getting the evidence: Police interviewing practices
- GPS geospatial tools and surveillance
- Green criminology
- Hidden punishment – fines and infringement notices
- Highlighting harm and resisting incarceration
- Illicit Drugs & Alcohol
- Immigration & Human Rights
- Improving prison practices
- Indigenous Criminology
- Inflicting Trauma
- Informing sentencing practice and policy
- Innovation in sentencing
- Innovative Data & Methodology
- Innovative Justice
- Innovative Justice and Desistance
- Inside and Outside the Prison
- Institutional Abuse
- Institutions of Harm and Victimisation
- Integer sempermolestie
- Intelligence & Organised Crime
- International dimension in sentencing
- Intimate Partner violence risk and security: Securing women's lives in a global world
- Invisible powers to punish
- Judicial Supervision: Evidence current practice and implications for mainstream court settings
- Keynote Presentation
- Models
- Modern Slavery in Australia: exploring the limits & challenges of law
- National and international focus
- New & Old Constructs of Justice
- NGOs and Crime
- Non-governmental and voluntary sector organisations in criminal justice and drug policy processes
- Nunc idorcisit amet jus
- Oral Presentation
- Panel Session
- PANEL – Parental and close family incarceration
- Parental and close family incarceration
- PECRC Oral
- PECRC Poster
- Plenary Keynote
- Plenary Session
- Police Investigations
- Police Legitimacy
- Policing
- Policing and State Crime
- Policing and the Public
- Policing Culture
- Policing Dangerous Consumption
- Policing mental illness
- Policing Systems
- Policing: From prevention to crime control: National and International Perspectives
- Prisons
- Prisons from the inside
- Problems and Solutions in U.S. Criminal Justice
- Processes and Procedures of In/Justice
- Programs and populations
- Public confidence in sentencing
- Regulating Corporations and tackling corruption
- Regulation & State Crime
- Reoffending risk – bail gradual release community sanctions
- Restorative justice and diversion of young people
- Restorative Justice and Justice Reinvestment
- Risky bodies risky systems: Post-prison policy practice and experience
- Round Table
- See no evil hear no evil
- Segregation inequality and crime
- Sentencing
- Sex bodies violence
- Sex Gender and Violence
- Sexual Offending
- Sexual Offending and Abuse: From prevention to prediction
- Southern and comparative criminology
- Southern Criminology
- State Crime and Structural Justice
- State Recognition and Possibilities for Justice: Gender Identity and Victimisation
- Sub-Plenary Panel
- Substance Abuse
- Surveillance
- Teaching Criminology
- Technology -facilitated harms
- Terrorism and Counter-terrorism
- Terrorism and Radicalisation
- Terrorism Crime Space and Place
- The Rehabilitative Prison: an oxymoron or an opportunity to design prisons differently and reduce reoffending?
- Uncategorized
- Understanding Inequality and Challenging State Complicity
- Unlawful Migrant Labour
- Vestibulum consequat
- Vestibulum eutellus
- Victimology
- Victims & Offenders
- Victims and Trauma
- Visual and Sensory Criminology
- Visual Criminology: Policing the Image
- Vulnerable People and Human Rights
- White Collar Crime
- Women As Victims
- Working to support children and families of prisoners
- Working with young people reducing reoffending
- Wrongful Conviction
- Young people and violence victims and perpetrators
- Young People Crime and Justice
- “Police education: new models new approaches and emerging trends”
Recent Posts
- From Robo-Debt to Robo-Deport: Automating the criminal deportation machinery
- Victims’ Needs in the Post Atrocity
- A Safe Haven? Women’s Experiences of Violence in Australian Immigration Detention.
- Teaching & learning criminology for the 2020s and beyond
- The Administrative Appeals Tribunal: The Experiences of Migrant and Refugee Women who are Victim-Survivors of Family Violence
Archives
Categories
- A closed mouth catches no flies: How tertiary prevention of sexual violence and abuse can inform primary and secondary prevention
- Bail & Illusions of Justice
- Before we get to court
- Border Policing and Migration
- Border violences and control
- Borders & Risk
- Carceral Borders
- Changes in ‘youth crime’ – perceptions and realities
- Changing perspectives on ‘youth’ and young people
- Children & young people in custody
- Children in state care
- Coercive Control
- Communication underpins access to justice
- Community
- Concurrent Panel
- Consequences of Invasion
- Corrections and Penology
- Courts and Sentencing
- Crime and Media
- Crime and the City
- Crime in the Pacific
- Crime Management
- Crime Prevention
- Cultural Criminology
- Curabitur acconvallis
- Cybercrime
- Cybercrime victimisation
- Development & Prevention of Youth Crime & ASB
- Digital Criminology
- Digital innovations in Offending and Control
- Encountering Crime in Everyday Publics
- Encounters with Crime and Justice in the Pacific Islands
- Ethics & Integrity: Police Training
- Everyday experiences of the internal border
- Expanding Criminological Frames: Global/Local
- Extending Punishment
- Family and Intimate Partner Violence
- Family Violence
- Forensic Criminology
- Gender and Crime
- Gender-based Crime in a Digital Age
- Getting the evidence: Police interviewing practices
- GPS geospatial tools and surveillance
- Green criminology
- Hidden punishment – fines and infringement notices
- Highlighting harm and resisting incarceration
- Illicit Drugs & Alcohol
- Immigration & Human Rights
- Improving prison practices
- Indigenous Criminology
- Inflicting Trauma
- Informing sentencing practice and policy
- Innovation in sentencing
- Innovative Data & Methodology
- Innovative Justice
- Innovative Justice and Desistance
- Inside and Outside the Prison
- Institutional Abuse
- Institutions of Harm and Victimisation
- Integer sempermolestie
- Intelligence & Organised Crime
- International dimension in sentencing
- Intimate Partner violence risk and security: Securing women's lives in a global world
- Invisible powers to punish
- Judicial Supervision: Evidence current practice and implications for mainstream court settings
- Keynote Presentation
- Models
- Modern Slavery in Australia: exploring the limits & challenges of law
- National and international focus
- New & Old Constructs of Justice
- NGOs and Crime
- Non-governmental and voluntary sector organisations in criminal justice and drug policy processes
- Nunc idorcisit amet jus
- Oral Presentation
- Panel Session
- PANEL – Parental and close family incarceration
- Parental and close family incarceration
- PECRC Oral
- PECRC Poster
- Plenary Keynote
- Plenary Session
- Police Investigations
- Police Legitimacy
- Policing
- Policing and State Crime
- Policing and the Public
- Policing Culture
- Policing Dangerous Consumption
- Policing mental illness
- Policing Systems
- Policing: From prevention to crime control: National and International Perspectives
- Prisons
- Prisons from the inside
- Problems and Solutions in U.S. Criminal Justice
- Processes and Procedures of In/Justice
- Programs and populations
- Public confidence in sentencing
- Regulating Corporations and tackling corruption
- Regulation & State Crime
- Reoffending risk – bail gradual release community sanctions
- Restorative justice and diversion of young people
- Restorative Justice and Justice Reinvestment
- Risky bodies risky systems: Post-prison policy practice and experience
- Round Table
- See no evil hear no evil
- Segregation inequality and crime
- Sentencing
- Sex bodies violence
- Sex Gender and Violence
- Sexual Offending
- Sexual Offending and Abuse: From prevention to prediction
- Southern and comparative criminology
- Southern Criminology
- State Crime and Structural Justice
- State Recognition and Possibilities for Justice: Gender Identity and Victimisation
- Sub-Plenary Panel
- Substance Abuse
- Surveillance
- Teaching Criminology
- Technology -facilitated harms
- Terrorism and Counter-terrorism
- Terrorism and Radicalisation
- Terrorism Crime Space and Place
- The Rehabilitative Prison: an oxymoron or an opportunity to design prisons differently and reduce reoffending?
- Uncategorized
- Understanding Inequality and Challenging State Complicity
- Unlawful Migrant Labour
- Vestibulum consequat
- Vestibulum eutellus
- Victimology
- Victims & Offenders
- Victims and Trauma
- Visual and Sensory Criminology
- Visual Criminology: Policing the Image
- Vulnerable People and Human Rights
- White Collar Crime
- Women As Victims
- Working to support children and families of prisoners
- Working with young people reducing reoffending
- Wrongful Conviction
- Young people and violence victims and perpetrators
- Young People Crime and Justice
- “Police education: new models new approaches and emerging trends”
Category
- A closed mouth catches no flies: How tertiary prevention of sexual violence and abuse can inform primary and secondary prevention
- Bail & Illusions of Justice
- Before we get to court
- Border Policing and Migration
- Border violences and control
- Borders & Risk
- Carceral Borders
- Changes in ‘youth crime’ – perceptions and realities
- Changing perspectives on ‘youth’ and young people
- Children & young people in custody
- Children in state care
- Coercive Control
- Communication underpins access to justice
- Community
- Concurrent Panel
- Consequences of Invasion
- Corrections and Penology
- Courts and Sentencing
- Crime and Media
- Crime and the City
- Crime in the Pacific
- Crime Management
- Crime Prevention
- Cultural Criminology
- Curabitur acconvallis
- Cybercrime
- Cybercrime victimisation
- Development & Prevention of Youth Crime & ASB
- Digital Criminology
- Digital innovations in Offending and Control
- Encountering Crime in Everyday Publics
- Encounters with Crime and Justice in the Pacific Islands
- Ethics & Integrity: Police Training
- Everyday experiences of the internal border
- Expanding Criminological Frames: Global/Local
- Extending Punishment
- Family and Intimate Partner Violence
- Family Violence
- Forensic Criminology
- Gender and Crime
- Gender-based Crime in a Digital Age
- Getting the evidence: Police interviewing practices
- GPS geospatial tools and surveillance
- Green criminology
- Hidden punishment – fines and infringement notices
- Highlighting harm and resisting incarceration
- Illicit Drugs & Alcohol
- Immigration & Human Rights
- Improving prison practices
- Indigenous Criminology
- Inflicting Trauma
- Informing sentencing practice and policy
- Innovation in sentencing
- Innovative Data & Methodology
- Innovative Justice
- Innovative Justice and Desistance
- Inside and Outside the Prison
- Institutional Abuse
- Institutions of Harm and Victimisation
- Integer sempermolestie
- Intelligence & Organised Crime
- International dimension in sentencing
- Intimate Partner violence risk and security: Securing women's lives in a global world
- Invisible powers to punish
- Judicial Supervision: Evidence current practice and implications for mainstream court settings
- Keynote Presentation
- Models
- Modern Slavery in Australia: exploring the limits & challenges of law
- National and international focus
- New & Old Constructs of Justice
- NGOs and Crime
- Non-governmental and voluntary sector organisations in criminal justice and drug policy processes
- Nunc idorcisit amet jus
- Oral Presentation
- Panel Session
- PANEL – Parental and close family incarceration
- Parental and close family incarceration
- PECRC Oral
- PECRC Poster
- Plenary Keynote
- Plenary Session
- Police Investigations
- Police Legitimacy
- Policing
- Policing and State Crime
- Policing and the Public
- Policing Culture
- Policing Dangerous Consumption
- Policing mental illness
- Policing Systems
- Policing: From prevention to crime control: National and International Perspectives
- Prisons
- Prisons from the inside
- Problems and Solutions in U.S. Criminal Justice
- Processes and Procedures of In/Justice
- Programs and populations
- Public confidence in sentencing
- Regulating Corporations and tackling corruption
- Regulation & State Crime
- Reoffending risk – bail gradual release community sanctions
- Restorative justice and diversion of young people
- Restorative Justice and Justice Reinvestment
- Risky bodies risky systems: Post-prison policy practice and experience
- Round Table
- See no evil hear no evil
- Segregation inequality and crime
- Sentencing
- Sex bodies violence
- Sex Gender and Violence
- Sexual Offending
- Sexual Offending and Abuse: From prevention to prediction
- Southern and comparative criminology
- Southern Criminology
- State Crime and Structural Justice
- State Recognition and Possibilities for Justice: Gender Identity and Victimisation
- Sub-Plenary Panel
- Substance Abuse
- Surveillance
- Teaching Criminology
- Technology -facilitated harms
- Terrorism and Counter-terrorism
- Terrorism and Radicalisation
- Terrorism Crime Space and Place
- The Rehabilitative Prison: an oxymoron or an opportunity to design prisons differently and reduce reoffending?
- Uncategorized
- Understanding Inequality and Challenging State Complicity
- Unlawful Migrant Labour
- Vestibulum consequat
- Vestibulum eutellus
- Victimology
- Victims & Offenders
- Victims and Trauma
- Visual and Sensory Criminology
- Visual Criminology: Policing the Image
- Vulnerable People and Human Rights
- White Collar Crime
- Women As Victims
- Working to support children and families of prisoners
- Working with young people reducing reoffending
- Wrongful Conviction
- Young people and violence victims and perpetrators
- Young People Crime and Justice
- “Police education: new models new approaches and emerging trends”