Faculty of Business and Law

School: Law and Justice

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Indigenous Offenders and Victims
  • Unit Code

    CRI3102
  • Year

    2015
  • Enrolment Period

    1
  • Version

    2
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online

Description

This unit examines the position in the Criminal Justice System of Indigenous people both as victims and offenders. Students will consider the disparity between the numbers of Indigenous people in the community and their disproportionate numbers in the Criminal Justice System and will attempt to throw light on this imbalance. They will examine relevant legislation and they will be exposed to current thinking and practices within the three arms of the Criminal Justice System: the Police the Courts and Corrections. As part of this, the students will explore the issues surrounding Indigenous customary practices and laws and the possibility of their inclusion into substantive law.

Learning Outcomes

On completion of this unit students should be able to:

  1. Analyse the effect that peoples status as a group member has on their becoming a victim or an offender in a particular area.
  2. Critically discuss legislative provisions for anti-discrimination.
  3. Critically examine changes in public perceptions and changes in social attitudes to Indigenous groups.
  4. Debate the issues surrounding the inclusion of customary law into substantive law.
  5. Describe how legislation translates into the application of policies in the Criminal Justice System.
  6. Exercise critical thinking and judgement to recommend appropriate and sustainable solutions for managing Aboriginal people in the Corrections system.
  7. Explain how the cultural traditions of Indigenous groups impact on the behaviours of each group.
  8. Explain the role played by the Police, the Courts and Corrections in dealing with Indigenous people when they become part of the Criminal Justice System.
  9. Identify disparate Indigenous groups and understand the issues surrounding distinct cultural practices and traditions.

Unit Content

  1. The currency and prevalence in the twenty first century of ancient cultural traditions and practices and values.
  2. The exploration of the changes in the perception by Australian society to Indigenous people.
  3. The identification of separate and distinct Indigenous groups.
  4. The impact of group behaviour on individuals when they act as members of a minority.
  5. The relevant legislation and its application through public policies.
  6. The role of customary law in the practices of Indigenous groups and its impact on their behaviours within the Criminal Justice System as both victims and offenders.
  7. The role of the media in the public perception of the minority groups.
  8. The roles of the Police, the Courts and Corrections, both in theory and in practice.

Additional Learning Experience Information

This unit is conducted in both the on-campus and off-campus modes. On-campus students are required to attend a three-hour seminar each week. The seminars are designed to introduce the core concepts relevant to understanding the experience of Indigenous Australians in the Criminal Justice System. Seminar activities are used to encourage students to improve their critical thinking skills, communication skills and teamwork skills. A prison visit is arranged for students to expose them to the various prison initiatives that have been developed to address the cultural and rehabilitative needs of Indigenous people. Assessment methods provide students the opportunity to demonstrate their content knowledge, critical thinking and further develop their written communication skills by requiring students to analyse relevant media reports and literature. Off-campus students are provided with an electronic recorded seminar each week. All information is delivered to off-campus students via Blackboard. The seminars are designed to introduce the core concepts relevant to understanding the experience of Indigenous Australians in the Criminal Justice System. Online activities are delivered via the online modules and the discussion board and are designed to encourage students to improve their critical thinking skills, communication skills and teamwork skills. A prison visit is arranged for students to expose them to the various prison initiatives that have been developed to address the cultural and rehabilitative needs of Indigenous people. Assessment methods provide students the opportunity to demonstrate their content knowledge, critical thinking and further develop their written communication skills by requiring students to analyse relevant media reports and literature. Regular online access is essential.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
ReportMedia analysis file25%
PresentationGroup presentation (in class)15%
EssayCritical essay30%
ExaminationFinal examination30%
ONLINE
TypeDescriptionValue
ReportMedia analysis file25%
PresentationOnline group presentation (recorded)15%
EssayCritical essay30%
ExaminationFinal examination30%

Text References

  • ^ There is no text for this unit. A list of suggested readings will be provided.
  • McRae, H., Nettheim, G., Beacroft, L., & McNamara, L. (2009). Indigenous legal issues: Commentary and materials (4th ed.). Pyrmont, NSW: Lawbook Company.
  • Harding, R., Broadhurst, R., Ferrante. A., & Loh, N. (1995). Aboriginal contact with the criminal justice system and the impact of the Royal Commission into Aboriginal deaths in custody. Leichhardt, NSW: Hawkins Press.
  • Behrendt, L., Cuneen, C., & Libesman, T. (2009). Indigenous legal relations in Australia. South Melbourne, Victoria: Oxford University Press.
  • Bird, G. (1993). The process of law in Australia: Intercultural perspectives. Sydney: Butterworths.
  • Goldsmith, A., Israel. M., & Daly, K. (2003). Crime and justice: An Australian textbook on criminology (2nd ed.). Pyrmont: Lawbook Company.

Journal References

  • Current Issues in Criminal Justice
  • Social Work
  • Australian and New Zealand Journal of Criminology
  • Australian Journal of Social Issues
  • Australian Journal of Social Science
  • Contemporary Issues in Crime and Justice
  • The Journal of Criminal Law and Criminology
  • Criminology and Public Policy
  • Criminology Australia
  • Criminal Law Journal
  • Journal of Criminal Justice
  • Human Organization
  • International Journal of Comparative Sociology
  • Indigenous Law Jounral
  • Journal of Australian Studies
  • Journal of Behavioral Health Services and Research
  • Journal of Research in Crime and Delinquency
  • Journal of Social Issues

Website References

^ Mandatory reference


Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

CRI3102|2|1

Faculty of Business and Law

School: Law and Justice

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Indigenous Offenders and Victims
  • Unit Code

    CRI3102
  • Year

    2015
  • Enrolment Period

    2
  • Version

    2
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online

Description

This unit examines the position in the Criminal Justice System of Aboriginal people both as victims and offenders. Students will consider family and kinship systems and attachment to country from before colonisation until the present. Students will also study possible reasons for the disparity between the numbers of Aboriginal people in the community and in the Criminal Justice System and will attempt to throw light on this imbalance. They will examine relevant legislation and current thinking and practice within the three arms of the Criminal Justice System: the Police, the Courts and Corrections. Students will also explore the issues surrounding Indigenous customary practices and laws and the possibility of their inclusion into substantive law.

Learning Outcomes

On completion of this unit students should be able to:

  1. Analyse the effect that peoples status as a group member has on their becoming a victim or an offender in a particular area.
  2. Critically discuss legislative provisions for anti-discrimination.
  3. Critically examine changes in public perceptions and changes in social attitudes to Indigenous groups.
  4. Debate the issues surrounding the inclusion of customary law into substantive law.
  5. Describe how legislation translates into the application of policies in the Criminal Justice System.
  6. Exercise critical thinking and judgement to recommend appropriate and sustainable solutions for managing Aboriginal people in the Corrections system.
  7. Explain how the cultural traditions of Indigenous groups impact on the behaviours of each group.
  8. Explain the role played by the Police, the Courts and Corrections in dealing with Indigenous people when they become part of the Criminal Justice System.
  9. Identify disparate Indigenous groups and understand the issues surrounding distinct cultural practices and traditions.

Unit Content

  1. The currency and prevalence in the twenty first century of ancient cultural traditions and practices and values.
  2. The exploration of the changes in the perception by Australian society to Indigenous people.
  3. The identification of separate and distinct Indigenous groups.
  4. The impact of group behaviour on individuals when they act as members of a minority.
  5. The relevant legislation and its application through public policies.
  6. The role of customary law in the practices of Indigenous groups and its impact on their behaviours within the Criminal Justice System as both victims and offenders.
  7. The role of the media in the public perception of the minority groups.
  8. The roles of the Police, the Courts and Corrections, both in theory and in practice.

Additional Learning Experience Information

This unit is conducted in both the on-campus and off-campus modes. On-campus students are required to attend a three-hour seminar each week. The seminars are designed to introduce the core concepts relevant to understanding the experience of Indigenous Australians in the Criminal Justice System. Seminar activities are used to encourage students to improve their critical thinking skills, communication skills and teamwork skills. A prison visit is supported for students both on-campus and off-campus to introduce them to the various prison initiatives that have been developed to address the cultural and rehabilitative needs of Indigenous people. Assessment methods provide students both on-campus and off-campus, the opportunity to demonstrate their content knowledge, critical thinking and further develop their written communication skills by requiring students to analyse relevant media reports and literature. Off-campus students are provided with an electronic recorded seminar each week. All information is delivered to off-campus students via Blackboard. Online activities are delivered via the online modules and the discussion boards and are designed to encourage students to improve their critical thinking skills, communication skills and teamwork skills. For off-campus students, regular online access is essential.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
ReportMedia analysis file40%
PresentationGroup presentation (in class)20%
EssayCritical essay40%
ONLINE
TypeDescriptionValue
ReportMedia analysis file40%
PresentationOnline group presentation (recorded)20%
EssayCritical essay40%

Text References

  • ^ Weatherburn, Don (2014). Arresting Incarceration: Pathways out of Indigenous Imprisonment Aboriginal Studies Press: Canberra
  • Behrendt, L., Cuneen, C., & Libesman, T. (2009). Indigenous legal relations in Australia. South Melbourne, Victoria: Oxford University Press.
  • Bird, G. (1993). The process of law in Australia: Intercultural perspectives. Sydney: Butterworths.
  • Goldsmith, A., Israel. M., & Daly, K. (2003). Crime and justice: An Australian textbook on criminology (2nd ed.). Pyrmont: Lawbook Company.
  • Harding, R., Broadhurst, R., Ferrante. A., & Loh, N. (1995). Aboriginal contact with the criminal justice system and the impact of the Royal Commission into Aboriginal deaths in custody. Leichhardt, NSW: Hawkins Press.
  • McRae, H., Nettheim, G., Beacroft, L., & McNamara, L. (2009). Indigenous legal issues: Commentary and materials (4th ed.). Pyrmont, NSW: Lawbook Company.

Journal References

  • International Journal of Comparative Sociology
  • Human Organization
  • Journal of Criminal Justice
  • Criminal Law Journal
  • Criminology Australia
  • Criminology and Public Policy
  • Current Issues in Criminal Justice
  • Contemporary Issues in Crime and Justice
  • Australian Journal of Social Science
  • Australian Journal of Social Issues
  • Australian and New Zealand Journal of Criminology
  • Indigenous Law Jounral
  • Journal of Australian Studies
  • Journal of Behavioral Health Services and Research
  • Journal of Research in Crime and Delinquency
  • Journal of Social Issues
  • The Journal of Criminal Law and Criminology
  • Social Work

Website References

^ Mandatory reference


Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

CRI3102|2|2