Reflecting on the ‘General Part’ When There Is Systemic Injustice: Do We Inadvertently Facilitate Overcriminalisation of First Peoples in Australia?

Abstract

This chapter examines how the theory and method of the ‘general part’ of criminal law might contribute to systemic bias against First Peoples. Australian legal practitioner admission rules mandate teaching this theory, leading criminal law courses to emphasise doctrinal analysis and students to prioritise mastering analysis of the elements of offences and defences. Informed by the author’s experiences in legal education and criminal law practice, the chapter explores how such training impacts the criminal justice system’s capacity to address serious social issues and potentially fosters discrimination. The author proposes that lawyers develop reflexive practices and question the principles taught to them. Ultimately, the chapter calls for new tools to address structural injustice to prepare the next generation of lawyers to undertake essential systemic reform. Show more