Incarcerating indigenous people is just that: Miriam Kelly, Hilde Tubex,’Stemming the Tide of Aboriginal Incercaration’, The University of Notre Dame Australia Law Review, 17, 2, 2015
Abstract: Western Australia’s prison population has the highest rate of Aboriginal over-representation in Australia. Research on the criminogenic effect of imprisonment suggests that the use of imprisonment as a deterrent to future offending is not empirically supported and that imprisonment may in fact contribute to further offending. Consequently, this article explores theoretical debates surrounding penality as a way to
inform alternative crime control strategies to imprisonment. It will be argued that any strategy to reduce Aboriginal imprisonment rates could benefit from a perspective that views Aboriginal imprisonment as a manifestation of Aboriginal resistance to settler colonial dominance.
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