Differential Sentencing of Indigenous Offenders: What does research tell us?

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Author(s)
Bond, Christine
Jeffries, Samantha
Year published
2013
Metadata
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A growing body of research indicates that the differential treatment of Indigenous defendants (compared to non- Indigenous defendants) at sentencing is more complex than what is shown by baseline court statistics. For example, baseline court data on sentencing outcomes show that Indigenous offenders are more likely to be sentenced to prison than non-Indigenous defendants in Australia. However, baseline court statistics cannot account for differences in offender and case characteristics. For instance, there are well-known (and understandable) differences in the typical criminal histories of Indigenous and non-Indigenous ...
View more >A growing body of research indicates that the differential treatment of Indigenous defendants (compared to non- Indigenous defendants) at sentencing is more complex than what is shown by baseline court statistics. For example, baseline court data on sentencing outcomes show that Indigenous offenders are more likely to be sentenced to prison than non-Indigenous defendants in Australia. However, baseline court statistics cannot account for differences in offender and case characteristics. For instance, there are well-known (and understandable) differences in the typical criminal histories of Indigenous and non-Indigenous defendants, which would affect sentencing outcomes. Once we adjust for such differences, research suggests that the disparity between Indigenous and non-Indigenous sentencing outcomes depends on the court environment.
View less >
View more >A growing body of research indicates that the differential treatment of Indigenous defendants (compared to non- Indigenous defendants) at sentencing is more complex than what is shown by baseline court statistics. For example, baseline court data on sentencing outcomes show that Indigenous offenders are more likely to be sentenced to prison than non-Indigenous defendants in Australia. However, baseline court statistics cannot account for differences in offender and case characteristics. For instance, there are well-known (and understandable) differences in the typical criminal histories of Indigenous and non-Indigenous defendants, which would affect sentencing outcomes. Once we adjust for such differences, research suggests that the disparity between Indigenous and non-Indigenous sentencing outcomes depends on the court environment.
View less >
Journal Title
Indigenous Law Bulletin
Volume
8
Issue
7
Publisher URI
Copyright Statement
© 2013 Indigenous Law Centre and the authors. The attached file is reproduced here in accordance with the copyright policy of the publisher. For information about this journal please refer to the journal’s website or contact the authors.
Subject
Courts and Sentencing
Policy and Administration
Law