An article by Meaghan Trudgett, Andrew McGrath, and Bianca Spaccavento–published in the January 2024 issue of Criminal Justice and Behavior–describes their recent research study on the experiences of indigenous First Nations Australians in the country’s correctional system, focusing on rehabilitation programs within the state of New South Wales (NSW). The study employed a qualitative approach, engaging in interviews with a small group of First Nations individuals who were either participants or facilitators within these programs. The authors examined the structures and philosophical foundations of such programs through the perspectives of their subjects and distilled these insights into a set of broader themes. Of particular note, the researchers wanted to discern how Australia’s colonization by white Europeans, which included decades of government policies that had caused direct harm to First Nations communities, were influencing the current paradigm. Below, we summarize key takeaways from the study.
Research Purpose
Acknowledging at the outset that First Nations Australians are an over-represented population within the correctional system, with high rates of both incarceration and recidivism, the authors began looking more closely at the risk, needs, and responsivity (RNR) framework that informs much of the nation’s approach to corrections. Although this framework has provided vital decision-making guidance for the correctional system at large, it has not proven nearly as effective for First Nations offenders, who participate and complete rehabilitation programs at a much lower rate than expected relative to their high levels of risk and need. The principle of responsivity states that the design and implementation of these programs should be rooted in the characteristics of the participants, and with that in mind, the research study focused on three key questions:
- What are First Nations Australian Program Recipients and Facilitators’ current perceptions of New South Wales’ current suite of culture-nonspecific rehabilitation programs?
- What are First Nations Australian Program Recipients and Facilitators’ current perceptions of any different or additional factors outside existing programs that would reduce reoffending for First Nations Australians as compared with non-First Nations Australians?
- What is required of rehabilitation programs to improve treatment responsivity for First Nations Australians in the correctional system?
Responsibility Factors
The study identifies aspects of rehabilitation programs that are considered vital for success and then notes the ways these aspects may not be aligned with needs of First Nations Australians.
- A previous research study indicated that Australian rehabilitation programs do not adequately address the learning styles of First Nations participants. That study’s respondents emphasized the importance of a program led by First Nations facilitators engaging in group discussion rather than formal instruction, using oral and written language adapted for the literacy level of participants.
- Responsivity to a program requires motivation to change, as well as the capacity to set goals and work in a group setting. A sense of autonomy is key to these abilities, but First Nations Australians who have lived under a colonialist system may be challenged to access this, reducing their motivation to complete a program.
- Overall, a lack of culturally appropriate programs represent an obstacle to success for First Nations Australians in rehabilitation. Instead, programs rely on Western structures of cognitive behavioral therapy (CBT), which use tools such as introspection and sharing of one’s thoughts with a peer group–an individual-focused approach that runs counter to the collective community values of First Nations cultures.
Methodology
The researchers adopted a critical realist approach that empowered the study’s subject pool of First Nations participants to respond in a more culturally appropriate manner of storytelling or “yarning.”
“European colonization involved undermining and silencing First Nations voices, beliefs, and culture. The current research therefore required a design that enabled First Nations people’s stories and their knowledge to be heard.”
With the intent of gaining deeper–rather than broader–insights, ten First Nations subjects were selected for the study. Five of these were Program Facilitators; one woman and four men, while the other five, referred to as Program Recipients, were selected based on a set of criteria developed with the aid of First Nations consultants. Each candidate:
- Identified as First Nations Australians
- Had been sentenced to supervision by the court (community-based order)
- Was male, aged 18 or older
- Had been participating in NSW offender services and programs
- Had no outstanding court matters, and
- Had no history of committing a sexual offense
The final group of study participants ranged in age between 26-50 and resided in the Central Western Region of NSW, and all were involved in culturally non-specific CBT group programs. Research was conducted through a series of audio-recorded and transcribed interviews that asked study participants about their experiences within the criminal justice system and rehabilitation programs, as well as their thoughts on what factors affected First Nations people in these programs. Informed consent was obtained in all instances, and interviews lasted 17-47 minutes. Analysis of the data involved a process in which the researchers familiarized themselves with the interview transcripts, then developed codes that allowed them to categorize the information into themes, which were reviewed and refined until they could be distilled into four main themes.
Findings and Recommendations
Study participants identified “a profound disconnection from culture as a common experience among First Nations people in general, but particularly among First Nations people involved in the criminal justice system.” This cultural estrangement–a result of longtime, discriminatory state policies that pushed assimilation–was described by participants as a factor in their choice to engage in criminal behaviors. Inversely, including a cultural component in rehabilitation was considered a way to promote social connection and a stronger sense of self, which itself contributes to better mental health and socioeconomic benefits.
“Building a strong sense of self and cultural identity brings confidence, purpose, and social support, and the security of a sense of belongingness and cultural engagement has been associated with desistance from criminal offending.”
Intrinsic motivation to change
A willingness to actively engage with a rehabilitation program is crucial to success, but both Program Facilitators and Recipients expressed their perception that First Nations Australians in the correctional system had very little personal motivation to take part in these programs. Participants suggested that methods such as neutral discussions that let individuals in the program assess themselves, and the involvement of older First Nations inmates, could prove useful in developing motivation to change. Some participants also described the importance of being present for their families as an incentive to completing treatment, further underlining the value of cultural connection.
Communication and language: The role of the First Nations Facilitator
Due to well-established inequities in education between First Nations Australians and non-Indigenous Australians–once again the result of discriminatory colonialist policies–literacy rates can be an obstacle to effective rehabilitation. Previous research showed that typical programs may “incorporate abstract verbal content and require a more nuanced understanding from the perspective of the dominant culture.” To motivate greater participation, programs that serve First Nations Australians must instead adapt to their communication and learning styles, through methods such as adjusting language or instruction techniques. Facilitators from First Nations backgrounds, or non-Indigenous Facilitators who are willing to approach First Nations inmates with greater cultural awareness, are likely to achieve greater engagement as well as stronger trust and rapport.
Connection: Life after jail
The fourth theme identified by the researchers spoke to the particular difficulties faced by First Nations Australians upon their release from prison, including “significant levels of social and economic disadvantage, exposure to violence in their social networks, substance abuse, and disconnection.” One Program Recipient even described how a lack of support outside of prison made the relative security of prison seem more appealing, which contributes to further recidivism. Study participants stressed that successful rehabilitation would require greater investment in reintegration planning, community support, and providing resources, such as skill-based education, to achieve stability and meaningful employment.
“A lot of the programs . . . I think they are a waste of time. There’d be a lot better . . . spent on actually training inmates to have a skill or a work ethic, instead of telling them where they’re going wrong and what they’ve done wrong.” - Program Recipient
Conclusion
The history of colonialist policies upon First Nations Australians was a consistent element within the responses provided by the study participants. Erasure of First Nations cultures, socioeconomic inequity, and the education gap between Indigenous and non-Indigenous Australians can all be traced to these policies, all of which contribute to greater risk factors for criminal behavior, incarceration, and recidivism. While acknowledging the limits of their study, the researchers advocate for improvements to rehabilitation programs that will address the needs of First Nations Australians and reduce their over-representation within the criminal justice system.
Source: “Engaging First Nations Australians in Correctional Treatment: The Perspectives of Program Recipients and Facilitators” (CRIMINAL JUSTICE AND BEHAVIOR, 2024, Vol. 51, No. 1, January 2024) – Meaghan Trudgett, Andrew McGrath, and Bianca Spaccavento