Edited by: Israel Ropo Orimoloye, Western Michigan University, United States
Reviewed by: Shah Md Atiqul Haq, Shahjalal University of Science and Technology, Bangladesh
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There is an absence of research specifically addressing the intersectionality between young people, environmental disasters and the criminal justice system globally. This paper examines the existing literature for the likely connections between young people impacted by environmental disasters in Australia, with a particular focus on young Indigenous people, and their future intersection with the criminal justice system. Young people and Indigenous communities are particularly vulnerable to the detrimental effects of environmental disasters. In analyzing the similarities between those unique vulnerabilities and the common risk factors for engagement in the criminal justice system, we infer that exposure to environmental disasters can increase the likelihood of young people, particularly young Indigenous people, engaging in the criminal justice system in Australia. Empirical research on this topic is paramount to developing measures for preventing and reducing engagement in the criminal justice system for young people impacted by environmental disasters. Ultimately, young people exposed to environmental disasters may be at increased risk of future exposure to the criminal justice system.
Disaster justice discourses emerge from a common understanding that the impacts of climate change and the environmental disasters it will increasingly produce, will impact vulnerable populations the most (Verchick,
While it is known that vulnerable populations are more at-risk, and Indigenous communities are at increased risk of exposure during and post-disaster, there is a notable gap in literature on causal connections between a young person's experience of environmental disaster and their potential engagement with the criminal justice system. This mini-review explores this issue.
We write as a collective of academics and lawyers. Bhiamie Williamson and Nell Reidy are researchers with the National Indigenous Disaster Resilience program at Monash University in Melbourne, Victoria. Deni Jokovic-Wroe and Leanne Collingburn are practicing lawyers with HopgoodGanim Lawyers based in Brisbane, Queensland.
In this paper, we (1) draw from literature relating to the impacts of environmental disasters on young people and also specifically on Indigenous people, (2) analyse the common risk factors and protective factors for young people's engagement in the criminal justice system, specific consideration is given in the context of risk factors and protective factors experienced by Indigenous peoples (3), examine the existing literature relating to environmental conditions and crime (in adults) and (4) provide recommendations for further research.
The terms Indigenous people (singular) is used to signify individuals and Indigenous peoples (plural) is used to signify political-legal groups. The term young people is inclusive of young Indigenous people, unless indicated otherwise.
The researchers conducted a systematic literature review to identify existing literature on, and adjacent to, young people impacted by environmental disasters from Australia and abroad, and their future intersection with the criminal justice system. Particular focus was given to young Indigenous people given the disproportionate impact of environmental disasters on Indigenous peoples and the disproportionate representation of Indigenous young people in the criminal justice system. Key search terms included: disaster, environment, youth, young people, crime, Indigenous and Australia. The terms were searched for in online journal databases and google scholar within the date range of 2000 to present.
The question of “who is vulnerable” in relation to environmental disasters continues to be a topic of debate in disaster discourses. While a thorough discussion of what is meant of vulnerability is out of the scope of this paper, it is deserving of a brief discussion. Vulnerability is an idea that some people in society have a lower capacity to absorb shocks and disruptions. Richardson (
Understanding vulnerability and resilience in the emergency management context is assisted by understanding the complexity inherent in the consequences of losses and the severe disruption from emergency events. This understanding shines a light upon what individual lives, households, families, businesses, organizations, and community networks may be vulnerable to, or in fact resilient from (2014, p. 6).
While calculable indexes of “vulnerability” vary, all indices suggest that young people are at higher risk to the impacts of environmental disasters than older populations. We acknowledge that even within the context of “young people,” some will experience greater vulnerability than others. Vulnerability relating to young people relates equally to their reliance on parents or carers and educational institutions, as well as their physical and emotional vulnerability when compared to adults (Makwana,
Literature that explores some of the psychological, social, economic and educational impacts that environmental disasters have on young people are mostly silent on the specific legal entanglements between young people and criminal justice systems. Exploring what is meant by psychological, social, economic and educational factors will demonstrate that the degradations of these factors drives increased exposure between young people and criminal justice systems.
Childhood is a period of immense developmental change, and young people can experience greater difficulty in processing trauma (Bernstein and Pfefferbaum,
Psychological responses to environmental disasters differ based on a variety of factors. One factor is the severity of the exposure to the environmental disaster, as greater exposure correlates with more adverse psychological outcomes (Bernstein and Pfefferbaum,
Education may be disrupted by the destruction of facilities or the displacement of families (Gibbs et al.,
Environmental disasters can have detrimental effects on the economic security of families (Gibbs et al.,
The effects of environmental disasters are collective, and can have profound impacts on a young person's social network, including as a result of the loss of family members and others in their community (Gibbs et al.,
Consideration should also be given to the increased prevalence of family and domestic violence in the aftermath of environmental disasters and how this negatively impacts young people (Boddy et al.,
In Australia, Indigenous people are disproportionately impacted by natural hazards and disasters (National Indigenous Disaster Resilience,
Criminal justice discourse frequently identifies factors that may increase or decrease the likelihood of a person engaging in criminal behavior. These are often referred to as “risk factors” and “protective factors,” the former referring to conditions or characteristics that can increase the likelihood of an individual offending and the latter referring to things that can reduce an individual's likelihood of offending, or reduce their exposure to risk factors (Kennedy et al.,
Common risk factors include; mental health issues, such as experiencing stress, trauma, depression or anxiety; economic and housing insecurity such as homelessness and growing up in socioeconomically disadvantaged households or communities; family stress and dysfunction, including poor parental supervision and parenting skills; and educational disengagement and difficulties (Ayano et al.,
It is important to also consider the protective factors limiting the risk of engagement in the criminal justice system for young people, many of which mirror the identified risk factors. For example, education can be a risk factor in circumstances where there are higher rates of truancy but a protective factor if lower. Other protective factors include social cohesion, strong families, access to friends, participation in community groups such as sporting clubs or youth groups, and socio-economic factors, such as being employed or living with parents that own their home (Astridge et al.,
The literature detailing the overrepresentation of Indigenous young people in the Australian criminal justice system is extensive (Boersig,
Protective factors identified in the literature include connection to community and cultural identity (Davis,
In light of the lack of specific data and research on the intersection between environmental disasters, young people and the criminal justice system, it is worthwhile considering more broadly how environmental disasters and environmental impacts might increase a person's encounters with criminal justice systems.
A comprehensive literature review on the association between environmental disasters and violence was undertaken in 2013 (Rezaeian,
These findings reveal relationships between environmental disasters and violence in adults, and environmental impacts and criminal behavior in youth. From this, we suggest that environmental disasters may increase risk factors associated with antisocial behaviors in young people, and may subject them to family and domestic violence which can increase their interactions with the criminal justice system.
Moreover, parallels can be drawn between exposure to environmental impacts and poor decision-making and in turn increased likelihood of interaction with the criminal justice system. As such, environmental disasters can exacerbate pre-existing disadvantages (Godden et al.,
Indigenous children and young people are already overrepresented in the criminal justice system (Australian Institute for Health Welfare,
In the face of increasing environmental disasters, considerations of how to effect disaster justice must include examinations of young people and their future entanglements with the criminal justice system. Our review reveals significant gaps in research on this topic, including with respect to young Indigenous people. The available related literature overwhelmingly indicates that young people have unique vulnerabilities which increase their susceptibility to environmental disasters. Based on this review, we believe that this is likely to be compounded in circumstances where those young people identify as Indigenous, with Indigenous communities uniquely impacted by environmental disasters and already disproportionately represented in the criminal justice system.
Further research is required in this area, and is crucial to understanding youth risk factors that are linked to environmental disasters, which in turn can inform the development of approaches to prevent and reduce their future engagement in the criminal justice system. However, it is abundantly clear that experience of, and exposure to, environmental disasters further exacerbates already present risk factors, increasing the likelihood for young people to become entangled with the criminal justice system, particularly young Indigenous people.
Whilst this is an issue of global significance, we have identified the need for further research on the experience of young Indigenous people in Australia. We pose the following as a specific question for future research:
The specific “challenges” explored may include mental health and wellbeing; educational challenges; housing; family and domestic violence; cultural, spiritual and physical dispossession and destruction. In engaging with this question, mediating and confounding variables should also be considered, including the magnitude of the environmental disaster and demographics of impacted people (e.g., gender, socio-cultural and socio-economic factors).
The research may be informed by existing data available from mental health services, schools, community legal centers, Aboriginal and Torres Strait Islander legal centers, and the justice system. It is crucial that trauma-informed and culturally competent approaches to this research be applied.
DJ-W: Writing – original draft. LC: Writing – original draft. NR: Writing – original draft. BW: Writing – original draft.
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The authors declare that the research was conducted in the absence of any commercial or financial relationships that could be construed as a potential conflict of interest.
The author(s) declare that no Gen AI was used in the creation of this manuscript.
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1Throughout this paper, references to “Indigenous” people and are to Australian Aboriginal and Torres Strait Islander people.