Predicting Recidivism of Aboriginal Youth Offenders: A Look at an Established Risk Assessment Tool and Culturally-Specific Predictors

The application of standard risk assessment tools with Aboriginal youth offenders has been a highly controversial practice. Criticisms are premised on the fact that risk/need tools are largely founded on the social and historical experiences of non-Aboriginal offenders. In turn, scholars and practitioners have recommended the use of culturally- specific risk/need factors considering Aboriginal culture and the unique context of Aboriginal people in Canada. The current project consists of two studies designed to contribute to our understanding of these concerns. Study 1 examined the predictive validity (both discrimination and calibration) of the YLS/CMI with both Aboriginal and non-Aboriginal youth offenders. Results found that although the YLS/CMI provides adequate discrimination for Aboriginal offenders (AUCs from .555 to .606), it underestimates the absolute recidivism rates of low and moderate risk Aboriginal youth compared to non-Aboriginal youth. Study 2 explored the utility of PSRs as sources of culturally-specific information and examined the predictive validity of those factors included. Results indicate that although a number of culturally-specific factors predicted re-offending, particularly family breakdown and community variables, PSRs are an inconsistent source of this information. Overall, the findings suggest that the predictive validity of the YLS/CMI with Aboriginal offenders may be improved with increased focus on family breakdown and home community. Implications and next steps for both practice and research are discussed.

Predicting Recidivism of Aboriginal Youth Offenders: A Look at an Established Risk Assessment Tool and Culturally-Specific Predictors

The application of standard risk assessment tools with Aboriginal youth offenders has been a highly controversial practice. Criticisms are premised on the fact that risk/need tools are largely founded on the social and historical experiences of non-Aboriginal offenders. In turn, scholars and practitioners have recommended the use of culturally- specific risk/need factors considering Aboriginal culture and the unique context of Aboriginal people in Canada. The current project consists of two studies designed to contribute to our understanding of these concerns. Study 1 examined the predictive validity (both discrimination and calibration) of the YLS/CMI with both Aboriginal and non-Aboriginal youth offenders. Results found that although the YLS/CMI provides adequate discrimination for Aboriginal offenders (AUCs from .555 to .606), it underestimates the absolute recidivism rates of low and moderate risk Aboriginal youth compared to non-Aboriginal youth. Study 2 explored the utility of PSRs as sources of culturally-specific information and examined the predictive validity of those factors included. Results indicate that although a number of culturally-specific factors predicted re-offending, particularly family breakdown and community variables, PSRs are an inconsistent source of this information. Overall, the findings suggest that the predictive validity of the YLS/CMI with Aboriginal offenders may be improved with increased focus on family breakdown and home community. Implications and next steps for both practice and research are discussed.

Reducing the Use of Imprisonment: Lessons from 20 years’ experience in Canada

In order to reduce or constrain prison populations, many different strategies have been proposed, trialled, or implemented. In 1996, Canada created the first and, to date, most ambitious home confinement sanction, the Conditional Sentence of Imprisonment (CSI). This study tracks annual changes to correctional admissions since the introduction of the sanction to assess whether it has reduced custodial admissions for Aboriginal offenders. There is evidence that the CSI had a modest decarceration effect overall and for Aboriginal offenders specifically. These effects were strongest in the initial years after the sanction was introduced, with waning performance in the most recent decade. The decarceration effects have not been erased but nor has the serious problem of over-incarceration among Aboriginal offenders.

Infusing Reconciliation into the Sentencing Process

A fundamental aspect of achieving proportionality in sentencing is enshrined in section 718.2(e) of the Criminal Code. It provides that “all available sanctions, other than imprisonment, that are reasonable in the circumstances and consistent with the harm done to victims or to the community should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders.”

The Overrepresentation of Aboriginal Women in Prisons: A Cycle of Victimization, Discrimination and Incarceration

This paper examines the contemporary issue of the overrepresentation of Aboriginal women in Canadian prisons and suggests that the systemic discrimination and myriad disadvantages that these women face, both within the context of the justice system and in society in general, results in an ongoing cycle of victimization and offending. Specifically, this paper addresses the historical and contemporary forms of violence and victimization that these women face, and examines the impact that this victimization has on offending behaviors. Finally, through an exploration of policing practices, and the complex issue of sentencing Aboriginal offenders, this paper concludes that Aboriginal women are severely disadvantaged at all stages of the criminal justice system, largely as a result of pervasive cultural stereotypes, resulting in worse outcomes for these offenders, and ultimately contributing to the issue of overrepresentation.

Paul Bennett (2016) Specialist Courts for Sentencing Aboriginal Offenders: Aboriginal Courts in Australia. Sydney: The Federation Press.

A review of Paul Bennett's recent book which presents a comprehensive analysis of Australia’s Indigenous sentencing courts.

Sentencing Aboriginal Offenders: Recognising Disadvantage and the Intergenerational Impacts of Colonisation

<p><em>The ongoing issue of Aboriginal disadvantage, particularly the overrepresentation of Aboriginal people in Australian prisons warrants a change in sentencing practices and outcomes. There is a current failure by Australian Courts to properly account for the systemic disadvantage suffered by Aboriginal Australians during the sentencing process. Given the intergenerational impacts of colonisation and an arguable new generation of institutionalised Aboriginal children, consideration of the effects of colonisation is still largely relevant today. The High Court in Bugmy v The Queen<a href="#_ftn1"><strong>[1]</strong></a> and Munda v Western Australia<a href="#_ftn2"><strong>[2]</strong></a> have provided little assistance, however the law in Canada could assist Australian courts when it comes to sentencing Aboriginal offenders. </em></p> <div><br /> <hr size="1" /><div><p><a href="#_ftnref1">[1]</a> <em>Bugmy v The Queen</em> (2013) 302 ALR 192.</p></div> <div><p><a href="#_ftnref2">[2]</a> <em>Munda v Western Australia</em> (2013) 302 ALR 207.</p></div></div>