Since the Royal Commission into Aboriginal Deaths in Custody (RCIADIC), over thirty years ago, there have been over 400 Indigenous deaths in custody, with 30% of the Australian prison population identifying as Indigenous. Indigenous over-representation in the criminal justice system continues to be an unresolved issue despite varying attempts to mitigate it. This thesis presents the outcomes of a research project that applied a fresh approach to analysing the violence of Indigenous incarceration using the theory of necropolitics and related concepts. This thesis unveils the forms of, and extent of, violence experienced by Indigenous Australians and the extent to which unequal relations of power between Indigenous Australians and the criminal justice system contribute to this violence.
This thesis makes an important contribution to research and theory by bridging a gap in Indigenous incarceration research; expanding the current understanding of the experiences of violence by Indigenous Australians in the criminal justice system; using the ‘criminological imagination’ by elevating the voices of Indigenous Australians; and finally, by expanding the theory of necropolitics through the concept of deific authority. Using a mixed method approach, this study used primary (semi-structured interviews with Indigenous Australian former offenders) and secondary (coroner’s reports and official statistics) data to conduct thematic and theoretical analysis.
The results of the thematical analysis revealed themes revolving around the early lives of the participants, such as family life, family violence, childhood trauma, educational attainment, and family involvement in the criminal justice system. Further, the thematic analysis unveiled themes around the police (necro-enforcers2), courts (soul-destroyers), prisons (death-producers), and community corrections (disintegrators). In respect to the necro-enforcers these included fear and distrust, a dichotomy of policing, juvenile delinquency, and experiences of violence. For the soul-destroyers it was the pressure to plead guilty, racism in sentencing, and a sense of despondency towards the courts. Regarding the death-producers the themes included disconnection from culture, the psychological effects of prison, and power and violence. Finally, the themes emerging from the disintegrators were lack of reintegration support, lack of use of discretion, and difficulties meeting compliance-based parole.
2 That were given necropolitical identifiers shown here in brackets, which will be explored in further detail in Chapter Five.
Running head: Black Lives Matter: The Violence of Indigenous Incarceration in Australia
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The outcomes of the thematical analysis suggest that Indigenous Australians are being ‘necropolitically targeted’, ‘zombified’ and transmogrified into homo sacer by the criminal justice system. Furthermore, the research has unveiled how the unequal relations of power between Indigenous Australians and the criminal justice system leads to a sense of Deific Authority, and because of this, how criminal justice employees3 can become more prone to inflicting symbolic, systemic, and subjective violence on Indigenous Australians.
This research has elevated, and listened to, the voices, lived experiences, and insights of Indigenous Australians in respect to the criminal justice system. In doing so, this research has identified some key recommendations that can assist policymakers, as well as criminal justice staff to achieve a shift from punitive to rehabilitative within the criminal justice system that focus on four core areas, namely: intervention, rehabilitation, reintegration of former prisoners, and adoption of some key findings from deaths in custody to address the forms of violence highlighted in this study.