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Indigenous Deaths in Custody: Chapter 2 Profile: Indigenous Deaths in Custody: Chapter 2 Profile: Indigenous Deaths in Custody

Review Chapter 2 of the Indigenous Deaths in Custody inquiry, presenting detailed demographic and statistical profile of deaths in police and correctional

Aboriginal and Torres Strait Islander Peoples Chapter of a report December, 2012

Summary

Learn about the profile of Indigenous deaths in custody.

Indigenous Deaths in Custody Part B - Statistical AnalysisChapter 2. Indigenous Deaths in Custody Chapter 3. Comparison: Indigenous and non-Indigenous Deaths in Custody Chapter 4. Arrest and Imprisonment Rates and Most Serious OffenceChapter 2 Profile: Indigenous Deaths in CustodySummary2.1 There have been 96 Aboriginal deaths in custody in the seven years since the Royal Commission into Aboriginal Deaths in Custody completed its investigations.2.2 In 1995 there were 22 Aboriginal deaths in custody, the highest number since the Royal Commission.2.3 A change in the definition of a death in custody in 1989 means that only deaths in institutional settings, as opposed to police pursuit, can be examined when comparing the Royal Commission and post-Royal Commission periods.2.4 The average number of institutional deaths in the Royal Commission period was 10.4. In the post-Royal Commission period it was 11.4.2.5 The frequency of deaths in various jurisdictions has changed significantly since the Royal Commission. The proportion of deaths in New South Wales and Victoria increased while they have decreased in Western Australia.2.6 There has been a significant decline in the proportion of deaths in police custody and an increase in deaths in prison. 2.7 In both periods the majority of deaths were the result of self-inflicted hanging and natural causes. The Report shows that deaths from these causes disclosed breaches of recommendations as serious as deaths resulting from more direct involvement by custodial officers (eg, gunshot). IntroductionThe characteristics of Aboriginal deaths in custody since the Royal Commission are profiled in this chapter.1 They are compared with the deaths in custody investigated by the Royal Commission. As noted in chapter 1, meaningful comparisons between the two periods can only be made by examining the deaths of people under arrest or detention (‘institutional settings'). The Royal Commission, except for its final death investigation, did not examine deaths in custody which occurred during ‘police pursuit' (eg, police car chases and shootings). 1. YearThe number of Aboriginal deaths in custody from 1980 to 1989 (nine years and five months) are presented in Table 2.1a. These deaths were investigated by the Royal Commission. There were 98 deaths in institutional settings, which represents a mean of 10.3 deaths a year. 2The number of deaths in the seven years since the Royal Commission are presented in Table 2.1b. There were 79 deaths in institutional settings. This represents a mean of 11.3 deaths a year. If deaths from police pursuit are included, the number of deaths rises to 96, with an annual mean of 13.7 deaths. 3There is a considerable year-to-year variation in the number of deaths with the highest number of deaths in institutional settings occurring in 1987 and in 1995 (20 and 17). Table 2.1a Royal Commission Table 2.1b Post-Royal CommissionDeaths in CustodyDeaths in CustodyYearInstitutional Setting Police PursuitTotalYearInstitutional SettingPolice PursuitTotal198011 na11 1989b9-9 19816na619908412 19828na8199112 113 198311 na11 1992639 19846na619939110 19859na9199412 214 19869na9199517 522 198720 na20 1996c6 17 198814 na14 1989a415 Total98 199 Total79 17 96 a = January to May 1989 b = June to December 1989 c = January to May 1996Figure 2.1 Aboriginal Deaths in Custody2. GenderTable 2.2 presents the deaths in the Royal Commission period and post Royal Commission period separately for males and females. In both periods the proportion of women was relatively small (RC=10, 7.5 per cent; post-RC=7, 9.5 per cent). No significant difference was found in the proportion of males and females in the Royal commission period and the post-Royal Commission period. 4Table 2.2 GenderGenderRCIADICPost-RCIADICMale8870 Female109Total98793. AgeTable 2.3 presents the age distribution of Aboriginal people who died in custody in the two periods. The mean age of Aboriginal people who died in institutional settings in the Royal Commission period was 31.7 years. The mean age of people who died in institutional settings after the Royal Commission was 30.2 years. The difference in age is not significant. 5Table 2.3 AgeYearsRCIADICPost-RCIADIC InstitutionalAllInstitutionalAll0-14111 515-1912 12 10 17 20-2414 14 21 22 25-2922 23 12 13 30-3418 18 11 12 35-396610 10 40-4413 13 5645-49224550-54223455-595500Over 60 3322Total98 99 79 96 Average31.331.730.230.0Median29 29 28 27 4. JurisdictionsTable 2.4 presents the number of people who died in custody in each jurisdiction in the Royal Commission period and the period after the Royal Commission. The difference in the location of deaths between the two periods is significant. 6 As table 2.4 demonstrates the largest percentage increases occurred in New South Wales (15.2 to 31.6) and Victoria (3.0 to 6.3). The percentage of deaths decreased in Western Australia (32.3 to 10.1) while Queensland remained relatively constant in both periods (27.3 to 29.1). Table 2.4 Deaths in Custody by State and TerritoryStateRCIADICPost-RCIADIC Number%Number*%NSW14 14.3%25 (29) 31.6%VIC3 3.1%5 (6) 6.3%QLD27 27.6%23 (25) 29.1%WA32 32.7%8 (15) 10.1%SA12 12.2%11 (12) 13.9%TAS3 3.1%1 (2) 1.3%NT9 9.2%6 (7) 7.6%Total98 100.0%79 (96)100.0%*The numbers in brackets indicate totals for all deaths in custody (institutional settings and police pursuit). Percentages are based on deaths in institutional settings. The one death from police pursuit during the Royal Commission period occurred in New South Wales. Figure 2.2 shows the deaths in custody for each jurisdiction over the last fifteen years. Deaths from police pursuit are also shown. There is a steady upward trend in New South Wales while South Australia has shown a sudden increase in the last year. In Western Australia a significant number of deaths have occurred from police car chases involving young people. Figure 2.2 New South Wales Figure 2.2 Victoria Figure 2.2 Queensland Figure 2.2 Western Australia Figure 2.2 South Australia Figure 2.2 Northern Territory 5. Custodial AuthorityTable 2.5 presents the deaths in police custody, prisons and juvenile detention centres during and after the Royal Commission. Police pursuits are not included. The difference between the three forms of custody is statistically significant.7 As the Table demonstrates there has been a significant decline in the number and proportion of deaths in police custody (from 63 per cent to 23 per cent) and a corresponding increase in deaths in prisons (from 34 per cent to 76 per cent). Table 2.4 Custodial AuthorityTypeRCIADICPost-RCIADICPolice62 63% 18 23% Prison33 34% 60 76% JDC3 3% 1 1% Total98 100% 79 100% The possible causes behind the change in location of deaths is discussed at various points through the Report. The most probable cause is the speedier transfer of detainees from police cells to prison once they have been arrested.8 This commendable practice is evident when the time and location of death before and after the Royal Commission are compared. During the Royal Commission period there were no deaths during the first month of prison custody. However, as Table A1 in the appendix to this chapter shows, 18 per cent of deaths in custody occurred during the first month of prison custody. Other causes include the slight decline in police arrests and a corresponding increase in imprisonment levels for both Indigenous and non-Indigenous people (see chapter 4). Safer custodial procedures in police lockups may also have contributed to the reduction in the numbers of deaths. Figure 2.5 shows trends in deaths in custodial authority from 1980 to 1995. Police deaths in custody increased markedly in the late 1980s. They have subsequently shown a downward trend, particularly deaths in institutional settings.9 Deaths in prison showed a slightly upward trend in the 1980s but have significantly increased in the 1990s. In 1995 there were 17 Aboriginal deaths in prison. Figure 2.5 Custodial Authority 1980-19956. Causes of DeathTables 2.6a-c present the cause of death for each custodial authority.10 Self-inflicted injury and natural causes accounted for the majority of deaths in the two periods. Table 2.6 shows the causes of death in police custody for both institutional settings and police pursuit. There has been no significant change in the causes of death.11It is important to note that the circumstances of death resulting from natural causes were not less necessarily less serious than deaths resulting from shooting by police officers or other injuries sustained during arrest. Indeed, as Part E shows the deaths where the most number of recommendations were breached were deaths resulting from natural cause and self-harm (see for example 62NSW, 67NSW, 43QLD, 45QLD and 65WA). Table 2.6a Causes of Deaths: Police CustodyCauseRCIADICPost-RCIADICSelf-Inflicted23 37.1%6*33.3%Natural20 32.3%738.9%Drugs and Alcohol711.3%211.1%Injury12 19.4%316.7%Total - Institutional Settings62 100.00%18 100.0%Police Pursuit - Car Chases0 11 Police Pursuit - Gunshot/Other1 6 Grand Total63 35 * Includes one case of self-infliction by drug overdose. Table 2.6b Causes of Deaths: PrisonCauseRCIADICPost-RCIADICSelf-Inflicted10 30.3% 2846.7% Natural17 51.5% 2846.7% Drugs and Alcohol26.1%11.7%Injury412.1%35.0%Total - Institutional Settings33 100.0%60100.0% Table 2.6c Causes of Deaths: Juvenile Detention CentresCauseRCIADICPost-RCIADICSelf-Inflicted133.3% -0.0%Natural133.3% -0.0%Drugs and Alcohol-0.0%-0.0%Injury133.3% 1100.0% Total - Institutional Settings3100.0% 1100.0% AppendixTable 2.8 Time Spent in Prison Custody May 1989-December 1995Time Spent Self-InflictedNatural CausesOtherTotal No%No%No%No%1 day & under 1 month831% 28%--10 18% 1 & under 6 months12 46% 10 38% --22 40% 6 & under 12 months312% 519% --815% 1 & under 4 years28%831%267%12 22% Over 4 years14%14%--24% Unknown-0%-0%133%12%Total26 100% 26 100% 3100% 55 100% back to top Endnotes1. There were no deaths of Torres Strait Islander people in custody. 2. With regard to deaths in institutional settings during the Royal Commission period, the Australian Institute of Criminology reports an extra two Indigenous deaths not investigated by the Royal Commission (a death in prison in 1984 and a death in police custody in 1985) and have removed another death from their list (a death in prison in 1981). These differences between data sets are not significant.3. Deaths resulting from police pursuits include eleven car chases, three police shootings, one drowning and one death from falling of a bridge. Institutional settings for the purpose of this report includes escapees from prison or police custody. This involves one case (12NT).4. A chi-square test of significance was conducted on this table: x2 =0.09 (,df=1 p>0.05).5. A two tailed t-test was conducted on the age distribution for each period: t=-0.62 (df=176, p>0.05). The distribution was not normalised.6. The difference in the number of deaths in the jurisdictions during and after the Royal Commission was tested using a x2 analysis x2=17.1 (df=6, p7. x2 =31.36 (df=2, p8. For example, Department of Corrective Services in New South Wales now takes sentenced and remanded inmates into correctional facilities on the day rather than holding them in police cells overnight: Government of New South Wales, Implementation of Government Responses to the Recommendations of the Royal Commission into Aboriginal Deaths in Custody: New South Wales Government Report, Vol.1, 1993/94 , v1, p.33. See, for example, profile 67NSW.9. However, by July 31 1996 there have been two deaths in police custody in institutional settings.10. The categories are slightly different from that used by the Royal Commission. Self-inflicted deaths are grouped together and some of the other categories have been collapsed. See Royal Commission into Aboriginal Deaths in Custody, National Report, Volume 1, at p.53.11. The difference between the causes of death in each period was tested separately for police and prisons,. The number of deaths in juvenile detention centres was too small and was thus excluded from the analysis. The results of the analysis for police were: x2 =0.05 (df=3, p>0.05). For prisons: x2 = 4.2 (df=3, p>0.05). back to topTable 2.1a Royal CommissionTable 2.1b Post-Royal CommissionDeaths in CustodyDeaths in CustodyYearInstitutional SettingPolice PursuitTotalYearInstitutional SettingPolice PursuitTotal198011na111989b9-919816na61990841219828na8199112113198311na11199263919846na61993911019859na919941221419869na9199517522198720na201996c617198814na141989a415Total98199Total791796Table 2.2 GenderGenderRCIADICPost-RCIADICMale8870Female109Total9879Table 2.3 AgeYearsRCIADICPost-RCIADICInstitutionalAllInstitutionalAll0-14111515-191212101720-241414212225-292223121330-341818111235-3966101040-4413135645-49224550-54223455-595500Over 603322Total98997996Average31.331.730.230.0Median29292827Table 2.4 Deaths in Custody by State and TerritoryStateRCIADICPost-RCIADICNumber%Number*%NSW1414.3%25(29)31.6%VIC33.1%5(6)6.3%QLD2727.6%23(25)29.1%WA3232.7%8(15)10.1%SA1212.2%11(12)13.9%TAS33.1%1(2)1.3%NT99.2%6(7)7.6%Total98100.0%79(96)100.0%*The numbers in brackets indicate totals for all deaths in custody (institutional settings and police pursuit). Percentages are based on deaths in institutional settings. The one death from police pursuit during the Royal Commission period occurred in New South Wales.Figure 2.2 New South WalesFigure 2.2 VictoriaFigure 2.2 QueenslandFigure 2.2 Western AustraliaFigure 2.2 South AustraliaFigure 2.2 Northern TerritoryTable 2.4 Custodial AuthorityTypeRCIADICPost-RCIADICPolice6263%1823%Prison3334%6076%JDC33%11%Total98100%79100%Table 2.6a Causes of Deaths: Police CustodyCauseRCIADICPost-RCIADICSelf-Inflicted2337.1%6*33.3%Natural2032.3%738.9%Drugs and Alcohol711.3%211.1%Injury1219.4%316.7%Total - Institutional Settings62100.00%18100.0%Police Pursuit - Car Chases011Police Pursuit - Gunshot/Other16Grand Total6335Table 2.6b Causes of Deaths: PrisonCauseRCIADICPost-RCIADICSelf-Inflicted1030.3%2846.7%Natural1751.5%2846.7%Drugs and Alcohol26.1%11.7%Injury412.1%35.0%Total - Institutional Settings33100.0%60100.0%Table 2.6c Causes of Deaths: Juvenile Detention CentresCauseRCIADICPost-RCIADICSelf-Inflicted133.3%-0.0%Natural133.3%-0.0%Drugs and Alcohol-0.0%-0.0%Injury133.3%1100.0%Total - Institutional Settings3100.0%1100.0%Time Spent in Prison Custody May 1989-December 1995Time SpentSelf-InflictedNatural CausesOtherTotalNo%No%No%No%1 day & under 1 month831%28%--1018%1 & under 6 months1246%1038%--2240%6 & under 12 months312%519%--815%1 & under 4 years28%831%267%1222%Over 4 years14%14%--24%Unknown-0%-0%133%12%Total26100%26100%3100%55100%Contents Previous Next A Report prepared by the Office of the Aboriginal and Torres Strait Islander Social Justice Commissioner for the Aboriginal and Torres Strait Islander Commission
Table 2.1a Royal CommissionTable 2.1b Post-Royal Commission
Deaths in CustodyDeaths in Custody
YearInstitutional SettingPolice PursuitTotalYearInstitutional SettingPolice PursuitTotal
198011na111989b9-9
19816na619908412
19828na8199112113
198311na111992639
19846na619939110
19859na9199412214
19869na9199517522
198720na201996c617
198814na14
1989a415
Total98199Total791796
Table 2.2 Gender
GenderRCIADICPost-RCIADIC
Male8870
Female109
Total9879
Table 2.3 Age
YearsRCIADICPost-RCIADIC
InstitutionalAllInstitutionalAll
0-141115
15-1912121017
20-2414142122
25-2922231213
30-3418181112
35-39661010
40-44131356
45-492245
50-542234
55-595500
Over 603322
Total98997996
Average31.331.730.230.0
Median29292827
Table 2.4 Deaths in Custody by State and Territory
StateRCIADICPost-RCIADIC
Number%Number*%
NSW1414.3%25(29)31.6%
VIC33.1%5(6)6.3%
QLD2727.6%23(25)29.1%
WA3232.7%8(15)10.1%
SA1212.2%11(12)13.9%
TAS33.1%1(2)1.3%
NT99.2%6(7)7.6%
Total98100.0%79(96)100.0%
*The numbers in brackets indicate totals for all deaths in custody (institutional settings and police pursuit). Percentages are based on deaths in institutional settings. The one death from police pursuit during the Royal Commission period occurred in New South Wales.
Figure 2.2 New South Wales
Figure 2.2 Victoria
Figure 2.2 Queensland
Figure 2.2 Western Australia
Figure 2.2 South Australia
Figure 2.2 Northern Territory
Table 2.4 Custodial Authority
TypeRCIADICPost-RCIADIC
Police6263%1823%
Prison3334%6076%
JDC33%11%
Total98100%79100%
Table 2.6a Causes of Deaths: Police Custody
CauseRCIADICPost-RCIADIC
Self-Inflicted2337.1%6*33.3%
Natural2032.3%738.9%
Drugs and Alcohol711.3%211.1%
Injury1219.4%316.7%
Total - Institutional Settings62100.00%18100.0%
Police Pursuit - Car Chases011
Police Pursuit - Gunshot/Other16
Grand Total6335
Table 2.6b Causes of Deaths: Prison
CauseRCIADICPost-RCIADIC
Self-Inflicted1030.3%2846.7%
Natural1751.5%2846.7%
Drugs and Alcohol26.1%11.7%
Injury412.1%35.0%
Total - Institutional Settings33100.0%60100.0%
Table 2.6c Causes of Deaths: Juvenile Detention Centres
CauseRCIADICPost-RCIADIC
Self-Inflicted133.3%-0.0%
Natural133.3%-0.0%
Drugs and Alcohol-0.0%-0.0%
Injury133.3%1100.0%
Total - Institutional Settings3100.0%1100.0%
Time Spent in Prison Custody May 1989-December 1995
Time SpentSelf-InflictedNatural CausesOtherTotal
No%No%No%No%
1 day & under 1 month831%28%--1018%
1 & under 6 months1246%1038%--2240%
6 & under 12 months312%519%--815%
1 & under 4 years28%831%267%1222%
Over 4 years14%14%--24%
Unknown-0%-0%133%12%
Total26100%26100%3100%55100%

Part B - Statistical Analysis

Chapter 2. Indigenous Deaths in Custody Chapter 3. Comparison: Indigenous and non-Indigenous Deaths in Custody Chapter 4. Arrest and Imprisonment Rates and Most Serious Offence

The characteristics of Aboriginal deaths in custody since the Royal Commission are profiled in this chapter. 1 They are compared with the deaths in custody investigated by the Royal Commission. As noted in chapter 1, meaningful comparisons between the two periods can only be made by examining the deaths of people under arrest or detention (‘institutional settings'). The Royal Commission, except for its final death investigation, did not examine deaths in custody which occurred during ‘police pursuit' (eg, police car chases and shootings).

The number of Aboriginal deaths in custody from 1980 to 1989 (nine years and five months) are presented in Table 2.1a. These deaths were investigated by the Royal Commission. There were 98 deaths in institutional settings, which represents a mean of 10.3 deaths a year. 2

The number of deaths in the seven years since the Royal Commission are presented in Table 2.1b. There were 79 deaths in institutional settings. This represents a mean of 11.3 deaths a year. If deaths from police pursuit are included, the number of deaths rises to 96, with an annual mean of 13.7 deaths. 3

Deaths in Custody

Deaths in Custody

Institutional Setting

Police Pursuit

Total

Year

Institutional Setting

Police Pursuit

Total

11

9

6

12

8

13

11

9

6

10

9

14

9

22

20

7

14

5

98

1

99

79

17

96

Figure 2.1 Aboriginal Deaths in Custody

Table 2.2 presents the deaths in the Royal Commission period and post Royal Commission period separately for males and females. In both periods the proportion of women was relatively small (RC=10, 7.5 per cent; post-RC=7, 9.5 per cent). No significant difference was found in the proportion of males and females in the Royal commission period and the post-Royal Commission period. 4

RCIADIC

Post-RCIADIC

98

79

Table 2.3 presents the age distribution of Aboriginal people who died in custody in the two periods. The mean age of Aboriginal people who died in institutional settings in the Royal Commission period was 31.7 years. The mean age of people who died in institutional settings after the Royal Commission was 30.2 years. The difference in age is not significant. 5

Table 2.3 Age

Years

RCIADIC

Post-RCIADIC

Institutional

All

Institutional

All

Total

Average

Median

29

29

28

27

Table 2.4 presents the number of people who died in custody in each jurisdiction in the Royal Commission period and the period after the Royal Commission. The difference in the location of deaths between the two periods is significant. 6 As table 2.4 demonstrates the largest percentage increases occurred in New South Wales (15.2 to 31.6) and Victoria (3.0 to 6.3). The percentage of deaths decreased in Western Australia (32.3 to 10.1) while Queensland remained relatively constant in both periods (27.3 to 29.1).

Table 2.4 Deaths in Custody by State and Territory

RCIADIC

Post-RCIADIC

100.0%

(96)

100.0%

Figure 2.2 New South Wales

Figure 2.2 Victoria

Table 2.5 presents the deaths in police custody, prisons and juvenile detention centres during and after the Royal Commission. Police pursuits are not included. The difference between the three forms of custody is statistically significant. 7 As the Table demonstrates there has been a significant decline in the number and proportion of deaths in police custody (from 63 per cent to 23 per cent) and a corresponding increase in deaths in prisons (from 34 per cent to 76 per cent).

RCIADIC

Post-RCIADIC

The possible causes behind the change in location of deaths is discussed at various points through the Report. The most probable cause is the speedier transfer of detainees from police cells to prison once they have been arrested. 8 This commendable practice is evident when the time and location of death before and after the Royal Commission are compared. During the Royal Commission period there were no deaths during the first month of prison custody. However, as Table A1 in the appendix to this chapter shows, 18 per cent of deaths in custody occurred during the first month of prison custody.

Figure 2.5 shows trends in deaths in custodial authority from 1980 to 1995. Police deaths in custody increased markedly in the late 1980s. They have subsequently shown a downward trend, particularly deaths in institutional settings. 9 Deaths in prison showed a slightly upward trend in the 1980s but have significantly increased in the 1990s. In 1995 there were 17 Aboriginal deaths in prison.

Figure 2.5 Custodial Authority 1980-1995

Tables 2.6a-c present the cause of death for each custodial authority. 10 Self-inflicted injury and natural causes accounted for the majority of deaths in the two periods. Table 2.6 shows the causes of death in police custody for both institutional settings and police pursuit. There has been no significant change in the causes of death. 11

Cause

RCIADIC

62

100.00%

18

100.0%

63

35

RCIADIC

33

100.0%

60

100.0%

RCIADIC

3

100.0%

1

100.0%

Table 2.8

Self-Inflicted

Natural Causes

Other

Total

No

%

No

%

No

%

No

%

26

100%

26

100%

3

100%

55

100%

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1. There were no deaths of Torres Strait Islander people in custody.

2. With regard to deaths in institutional settings during the Royal Commission period, the Australian Institute of Criminology reports an extra two Indigenous deaths not investigated by the Royal Commission (a death in prison in 1984 and a death in police custody in 1985) and have removed another death from their list (a death in prison in 1981). These differences between data sets are not significant.

3. Deaths resulting from police pursuits include eleven car chases, three police shootings, one drowning and one death from falling of a bridge. Institutional settings for the purpose of this report includes escapees from prison or police custody. This involves one case (12NT).

4. A chi-square test of significance was conducted on this table: x 2 =0.09 (,df=1 p>0.05).

5. A two tailed t-test was conducted on the age distribution for each period: t=-0.62 (df=176, p>0.05). The distribution was not normalised.

6. The difference in the number of deaths in the jurisdictions during and after the Royal Commission was tested using a x 2 analysis x 2 analysis

7. x 2 =31.36 (df=2, p

8. For example, Department of Corrective Services in New South Wales now takes sentenced and remanded inmates into correctional facilities on the day rather than holding them in police cells overnight: Government of New South Wales, Implementation of Government Responses to the Recommendations of the Royal Commission into Aboriginal Deaths in Custody: New South Wales Government Report, Vol.1, 1993/94 , v1, p.33. See, for example, profile 67NSW.

9. However, by July 31 1996 there have been two deaths in police custody in institutional settings.

10. The categories are slightly different from that used by the Royal Commission. Self-inflicted deaths are grouped together and some of the other categories have been collapsed. See Royal Commission into Aboriginal Deaths in Custody, National Report , Volume 1, at p.53.

11. The difference between the causes of death in each period was tested separately for police and prisons,. The number of deaths in juvenile detention centres was too small and was thus excluded from the analysis. The results of the analysis for police were: x 2 =0.05 (df=3, p>0.05). For prisons: x 2 =0.05 (df=3, p>0.05). For prisons:

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