Inequities, Alternatives and Future Directions: Inside Perspectives of Indigenous Sentencing in Queensland

Abstract

In Australia, sentencing researchers have generally focused on whether there is statistical equality/inequality in outcomes by reference to Indigenous status. However, contextualizing the sentencing process requires us to move away from a reliance on statistical analyses alone, as this approach cannot tell us whether sentencing is an equitable process for Indigenous people. Consultation with those working at the sentencing “coal face” provides valuable insight into the nexus between Indigenous status and sentencing. This article reports the main themes from surveys of the judiciary and prosecutors, and focus groups with Indigenous community justice groups undertaken in Queensland. The aim is to understand better the sentencing process for Indigenous Queenslanders. Results suggest that while there have been some positive developments in sentencing (e.g. the Murri Court, community justice groups) Indigenous offenders still face a number of inequities.