Structural Bias In The Criminal Justice System

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One factor that supports the notion of structural bias is that the level of Aboriginal over-representation increases at each progressive stage of the criminal justice system. 57 The proportion of Aboriginal people that are dealt with in the courts is less than the proportion of Aboriginal people that are sentenced to imprisonment or detention. For example, in 2003 in Western Australia between 17 and 26 per cent of people dealt with by adult courts were Aboriginal. 58 However, Aboriginal people constituted over 36 percent of all adult prisoners in 2003. Similarly, about a third of the juveniles dealt with in the Children’s Court are Aboriginal but Aboriginal juveniles account for about 70 to 80 per cent of all juveniles in detention.

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