Criminologist Analysis: Deaths in Custody and Australia’s Criminal Justice System

Understanding Deaths in Custody: A Criminologist’s Perspective

As a criminologist focusing on the Australian criminal justice system, it is crucial to reflect on the response to the royal commission into deaths in custody during the 1990s. Over the past few decades, there has been increased scrutiny on how the system cares for individuals once they are deprived of their liberty. This responsibility is not simply moral, but also a legal and societal obligation, especially highlighted in the aftermath of the royal commission’s extensive recommendations. In this blog post, we explore the progress, ongoing challenges, and the vital lessons that must be held at the forefront of criminal justice policy today.

The Criminologist’s View: What is Death in Custody?

Deaths in custody refer to cases where individuals die while detained by the state, whether in police cells, prisons, or during arrest. As criminologists, we examine not just the causes and circumstances of these tragedies, but also the adequacy of the care provided by criminal justice institutions. When someone is taken into custody, their ability to care for themselves is removed, placing full responsibility for their welfare on the state.

The Role of the Royal Commission into Aboriginal Deaths in Custody

The Royal Commission, established in response to alarm at rising deaths among Indigenous Australians in detention, delivered a sweeping set of recommendations in the early 1990s. Its findings continue to shape policies and practices. Yet, as ongoing incidents show, inadequate attention to detainees’ physical and mental health remains too common.

Where the Criminal Justice System Falls Short

Despite improvements in understanding and some policy advances, recent decades reveal persistent problems. It is not enough to institute reforms if those charged with implementing them fail to treat those in custody with the requisite care. Let us consider key lessons that remain relevant today:

• Lack of adequate medical and mental health care for detainees
• Inconsistent training of custodial workers
• Failures to follow basic recommendations, such as regular cell checks
• Overcrowded and under-resourced facilities

Case Studies: Lessons Still Not Learned

Australia continues to see cases where neglect or poor decision-making leads to preventable deaths in custody. For instance, the failure to provide prompt medical attention or to recognize and act upon signs of psychological distress can have fatal consequences. A criminologist’s analysis of inquests repeatedly points to systemic gaps in communication and accountability.

Criminologist-Backed Recommendations: What More Can Be Done?

1. Ensure comprehensive training for all custodial staff on health, safety, and cultural competency
2. Implement continuous auditing of custodial facilities to monitor compliance with commission recommendations
3. Establish independent oversight bodies to promote transparency and respond swiftly to incidents
4. Adopt trauma-informed care, especially for Indigenous detainees at elevated risk
5. Promote partnerships between police, health professionals, and Indigenous organizations

The Importance of Accountability

Accountability is not a one-time achievement, but an ongoing process that must involve all stakeholders: government, justice officials, medical professionals, and the community. When the state assumes control over an individual, the duty of care becomes paramount. The criminologist’s insights help illuminate areas that need urgent attention, ensuring that the mistakes of the past are not repeated.

Progress Since the 1990s: Have We Learned Enough?

While there have been positive shifts since the 1990s, including improved reporting standards and cultural awareness programs, high-profile cases remind us that more work is needed. A criminologist advocates for research-informed approaches that address not only policy on paper, but also implementation in practice. Engagement with affected communities is essential if sustainable change is to occur.

Actionable Steps for the Criminal Justice System

• Review all facility procedures regularly and adjust based on feedback and incident analysis
• Mandate ongoing education for personnel regarding both legal obligations and ethical care
• Leverage new technologies for monitoring detainee wellbeing
• Document and transparently report all custody incidents and reforms

Conclusion: A Call for Continued Vigilance and Reform

A criminologist’s role is to ensure that evidence – not complacency – drives reform in deaths in custody. While the findings and recommendations from the royal commission have shaped policy, it is vigilance and rigorous follow-through that will prevent future tragedies. Collaboration, compassion, and commitment are needed to guarantee that every Australian in custody receives proper care. Join the conversation today: Share your thoughts and advocate for continued reform within our justice system. Your awareness can help ensure that the promises made decades ago become the norm, not the exception.