Indigenous over-incarceration and individualised justice in light of Bugmy v The Queen
Bibliographic record
Abstract
Over incarceration of Indigenous Offenders has been a long standing problem across many states. This over-incarceration had had significant adverse effects on indigenous communities. This article argues that the High Court analysis of Indigenous sentencing in Bugmy v The Queen unnecessarily and unconvincingly establishes a set of systemic and individualised factors that seek to address indigeneity in sentencing. It argues that the systemic factors dismissed by the Court court as part of an individualised sentencing process have already been used by in state and Commonwealth policy as well as the common law. As such, the failure to embrace a Canadian Gladue-type approach or the approach of the New Zealand Courts in Bugmy due to individualised justice and formal equality concerns not only misconstrues the extent to which aboriginality as a background consideration is already a factor in Aboriginal sentencing in Australia but also undercuts the development of the common law in sentencing.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.003 | 0.008 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.013 | 0.010 |
| Scholarly communication | 0.003 | 0.001 |
| Open science | 0.001 | 0.004 |
| Research integrity | 0.002 | 0.006 |
| Insufficient payload (model declined to judge) | 0.002 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".