Liberian (1981: 248-9) explains gratuitous concurrence is a strategy that Aboriginal people have developed to protect themselves during their interaction with western people in Australia. It is noted that Aboriginal people have found that it is a easier to agree with whatever it is that the western person wants, even when they do not comprehend what it is that they are agreeing with, in order for them to leave and continue on with their own business. Thus, a false confession could be made.
Lester (1973) states that Aboriginal people will often plead guilty, even when they are innocent, as they are frightened of the Australian legal system and want to get out of court quicker.
Justice Forster drew attention to the phenomenon known as gratuitous …show more content…
This aim is to ensure that Aboriginal confessions are made voluntarily. However, this does not address the more complex issues of linguistic and cultural misunderstanding.
Unfortunately, there are no rules for police to follow when interrogating Aboriginal people in New South Wales and Tasmania.
Such guidelines are bound to be inadequately observed while so many people are unaware of the extent of the differences between Standard English and Aboriginal English. Accomodating ways of communicating Aboriginal English within the existing legal system and making changes to the legal system which enables Aboriginal English speakers to use their ways of communicating can recognise the fundamental rights of Aboriginal people in the justice system.
The first obvious step involves all personnel who have dealings in the legal system should receive appropriate education and training to ensure that they have an understanding of Aboriginal history, culture and social behaviour. This can improve cross-cultural understandings and communication strategies with Aboriginal
Lester (1973) states that Aboriginal people will often plead guilty, even when they are innocent, as they are frightened of the Australian legal system and want to get out of court quicker.
Justice Forster drew attention to the phenomenon known as gratuitous …show more content…
This aim is to ensure that Aboriginal confessions are made voluntarily. However, this does not address the more complex issues of linguistic and cultural misunderstanding.
Unfortunately, there are no rules for police to follow when interrogating Aboriginal people in New South Wales and Tasmania.
Such guidelines are bound to be inadequately observed while so many people are unaware of the extent of the differences between Standard English and Aboriginal English. Accomodating ways of communicating Aboriginal English within the existing legal system and making changes to the legal system which enables Aboriginal English speakers to use their ways of communicating can recognise the fundamental rights of Aboriginal people in the justice system.
The first obvious step involves all personnel who have dealings in the legal system should receive appropriate education and training to ensure that they have an understanding of Aboriginal history, culture and social behaviour. This can improve cross-cultural understandings and communication strategies with Aboriginal