The case of Jacky Whyman 1875 is a much a case about a society and its tolerance of crime as it is about a society which sees Aboriginals as an animal and a species unto their own of which the laws at times appear barely relevant. The case throws up interesting concepts of Aboriginals place amongst a white society with laws and notions of understanding of a white yet ignorance of how a crime against a black is not the same.
Jacky Whyman, a middle aged Aboriginal man murdered another man, Paddy Hadigaddy on the28th of February 1875. Whyman and Hadigaddy were both members of the same tribe.
The case as reported states that;
Whyman gave himself up at Bega, “I have killed black Paddy, and am going to the police at Bega to give myself up.”
Isaac Jessop testified that on the 1st of May he saw the body of Hadigaddy after
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A sentence which barely raises an eyebrow in these times, especially a crime amongst aboriginals.
Some customs of retribution and punishment when viewed in an unbiased light take on new characters, almost respectful forms of civil obedience and respect. Take the case of Whyman and Hadigaddy, two men from all accounts clashing over familial and romantic notions, not unlike two gentleman may seek to settle with a duel with pistols.
The courts are often swift to convict a settlor to hang for murder. Convicts receive little mercy and a swiftly escorted to the gallows. Aboriginals at times are summarily killed at the scene, treated as flora and fauna, with them not representing civilised society. The courts seldom hearing cases between Aboriginal against Aboriginal.
Whilst minor in judicial circles, the Whyman case may yet be a case which reverberates through the courts in years to come, not only in murder cases but where the white system meets the customs of the Aboriginals. Nothing changes the nature of a crime but society may well and has changed the outcome for those involved and those to
Criminal activity in Australia is as diverse as the country itself, ranging from busy urban streets to the sun-drenched outback. The media regularly exaggerates crimes to create dramatic headlines, which reinforce biases and changes public opinion. On the other hand, movies like "Animal Kingdom" and opinion pieces like Alyssa Manning offer a balanced viewpoint on crime, debunking myths and promoting compassion and understanding. These works emphasise the need to reconsider how we view crime and justice, to sum up. Through their efforts to humanise criminals and remove biases, they develop a deeper awareness of the intricate dynamics involved.
Since the 19th century, law enforcement and punishment has developed rapidly into the justice system we rely on today. Obscure laws that had become irrelevant in an industrial and post-industrial era were fast being replaced, and despite its lack of existence at the beginning of the 1800’s, policing standards are, today, high. The necessity for this drastic change in approach to crime has stemmed from the needs of industrial Britain, and the increased awareness of the public, and government, and their perception of crime and punishment. Rather than individual cases having a direct impact on these changes, in general they provide an insight as to the reactions of the public at the time, and along with the myriad of other cases, allow us
THE POLICE criticism toward residents of a small inner-city Sydney suburb of Waterloo must signal the end of society and media depictions that has created an inability to deem the residents’ constant claim of police harassment and violence. It is time we should accept the grim fact that many existing attitudes towards the most disadvantaged people, Indigenous Australians, are part of this mayhem-like problem.
Jeffrey MacDonald was convicted in 1979 for the murders of his pregnant wife Colette and their two daughters on February 21, 1970. At the time McDonald was convicted of murder he and his wife were living the American dream. They had a steady income, household and a loving family.
3. At the beginning of one of Craig’s lectures, he demonstrated, using coins, the way in which Aboriginal people were viewed by ‘White’ society. Explain John’s message.
In Prairie courtrooms, Indigenous defendants now make up 85 per cent of the criminal caseloads, defense lawyers claim. At a nearby Stony Mountain Institution, Indigenous men make up 65 per cent of the inmate population. These men are often there because they fail to comply with a condition of bail, or they are
Argumentative Essay on Capital Punishment in Australia Capital punishment is barbaric and inhumane and should not be re-introduced into Australia. Although capital punishment has been abolished, the debate on this topic has never abated. When a particularly heinous crime is committed, this debate arouses strong passions on both sides. Many who advocate the abolition of capital punishment consider the death penalty to be cruel and inhuman, while those who favor of punishment by death see it as a form of just retribution for the gravest of crimes.
Cunneens (2007) articles showed relative statistics, showing the negative effects of the relationship between the two groups, whether it is one groups wrong doing or not, the evidence shows that there is an issue that needs urgent attention and resolving. “Indigenous people were 17 times more likely to be held in custody than non-Indigenous people in Australia” this raw fact can be looked at from two different perspectives; number one the indigenous community are victimised by the police, or two a major percentage of the indigenous community are being involved in crime. Considering the indigenous population compared to the non indigenous community is so small, it does
The sentencing and punishment of offenders is a complex legal process in which many different factors influence the final decision. Discretion plays quite a large role in this process due to its humanising aspect, as it allows for each case to be taken on its own merits. This is evident in the areas of Indigenous people and sentencing, factors affecting a sentencing decision, and in mandatory sentencing. The sentencing and punishment of offenders is a complex process and therefore themes such as issues of compliance and non-compliance as well as the extent to which the law reflects moral and ethical standards are extremely pertinent. Discretion is a core component of the criminal justice system, and it is extremely important in Indigenous
How often do we stop to think about the minorities of this country and how they become involved and are treated in the criminal justice system? I surmise; only some of us will concern ourselves with such details. For some like myself; we might work with individuals of the Aboriginal community or have interacted with members of this group whether through school or work. Canada “had an Aboriginal identity in 2011 of 4 % or 1.4 million people” (Kelly-Scott and Smith, 2015). Of this total there is a gross overrepresentation of Aboriginal people in Canada’s Criminal Justice System. This overrepresentation of Aboriginals in the CJS comes as a result of socio economic factors, sentencing reforms, systemic discrimination, education and employment and victimization of Aboriginal women. In partial fulfilment of this course, this paper will address the leading factors which has led to the overrepresentation of this group in the CJS.
police, and later charged with the murder of Officer Daniel Faulkner. Mumia had been found slumped on
Witnesses raised concerns of the non-response of police services to cases of violence against Aboriginal women. In domestic violence situations, police do not always respond in a timely manner to calls for assistance. Witnesses also stated that police sometimes dismiss claims of sexual assault if the woman is Aboriginal and leads a “high-risk” lifestyle.
After this time, many atrocities occurred, such as the fact that Aboriginals were often killed for sport, and massacres such as Myall Creek were occurring, where 28 Aboriginal men, women and children were murdered near Myall Creek Station in 1838. There was also the problem of the Stolen Generation, when Aboriginal children were forcibly taken from their homes to be raised as though they were white. It was only recently in 2008, that Kevin Rudd, the Prime Minister of Australia at the time, apologised for the actions that the government had undertaken. In another apologetic move, Prime Minister Paul Keating delivered a powerful speech regarding the fact that Aboriginal Communities were still segregated despite the fact that laws had been changed a number of years ago. This shows that the idea of atonement by Australia is quite a new topic. Does this prove the challenges that Aboriginal’s faced nearly 200 years ago are still present in today’s society? It was enough to force the Aboriginal men, women and children to begin act in support of their rights.
After abolition of capital punishment in Australia, the imprisonment is considered as severe penalty. Life imprisonment is imposed mostly in cases of murders after considering the severity and circumstances of crime. Prisoners are to serve long period of their lives in jail with no hope or less hope to be released. The term life imprisonment changes jurisdiction to jurisdiction or state to state, as it can be sentence until death, twenty years or indeterminate period. The uncertainty here becomes more cruel. A few dies in prison committing suicide or natural death in prisons due to stressful and unnatural environment of prison. A long term isolation also changes attitude and behaviour in such a way that these prisoners become incapable to survive in normal society. Offenders who serve long time in prisons are also discriminated in our society whether in relation to social activities in community or employment matters. In Australia aboriginal and Torres Strait Islanders are victims of such discrimination and it can be the reason behind their growing population in Australian prisons. Thus life time sentencing has become an inhumane penalty and subject of important consideration at international level. Even harsh conditions results in higher rates of
Provision [SCRGSP], 2005; Jeffries and Bond, 2012). It is also widely discussed that there is an overrepresentation of Indigenous Australians in the criminal justice system itself (Jeffries and Bond, 2009), representing up to one quarter of prisoners in Australia (Makkai and Payne, 2003; Payne, 2005). This essay will address the current issues that Indigenous Australians face within the criminal justice system, particularly, with courts. The aim of this essay besides addressing these issues will also be to provide suggestions or alternatives that may help resolve the presented issues and improve the experience for Indigenous Australians in court.