Download or read book Indigenous People Crime and Punishment written by Thalia Anthony and published by Routledge. This book was released on 2013-07-24 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous People, Crime and Punishment examines criminal sentencing courts’ changing characterisations of Indigenous peoples’ identity, culture and postcolonial status. Focusing largely on Australian Indigenous peoples, but drawing also on the Canadian experiences, Thalia Anthony critically analyses how the judiciary have interpreted Indigenous difference. Through an analysis of Indigenous sentencing remarks over a fifty year period in a number of jurisdictions, the book demonstrates how judicial discretion is moulded to dominant white assumptions about Indigeneity. More specifically, Indigenous People, Crime and Punishment shows how the increasing demonisation of Indigenous criminality and culture in sentencing has turned earlier ‘gains’ in the legal recognition of Indigenous peoples on their head. The recognition of Indigenous difference is thereby revealed as a pliable concept that is just as likely to remove concessions as it is to grant them. Indigenous People, Crime and Punishment suggests that Indigenous justice requires a two-way recognition process where Indigenous people and legal systems are afforded greater control in sentencing, dispute resolution and Indigenous healing.

Download or read book Indigenous People Crime and Punishment written by Thalia Anthony and published by Routledge. This book was released on 2013-07-24 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous People, Crime and Punishment examines criminal sentencing courts’ changing characterisations of Indigenous peoples’ identity, culture and postcolonial status. Focusing largely on Australian Indigenous peoples, but drawing also on the Canadian experiences, Thalia Anthony critically analyses how the judiciary have interpreted Indigenous difference. Through an analysis of Indigenous sentencing remarks over a fifty year period in a number of jurisdictions, the book demonstrates how judicial discretion is moulded to dominant white assumptions about Indigeneity. More specifically, Indigenous People, Crime and Punishment shows how the increasing demonisation of Indigenous criminality and culture in sentencing has turned earlier ‘gains’ in the legal recognition of Indigenous peoples on their head. The recognition of Indigenous difference is thereby revealed as a pliable concept that is just as likely to remove concessions as it is to grant them. Indigenous People, Crime and Punishment suggests that Indigenous justice requires a two-way recognition process where Indigenous people and legal systems are afforded greater control in sentencing, dispute resolution and Indigenous healing.

Download or read book Aboriginal People Criminal Law and Sentencing written by Philip Vincent and published by . This book was released on 2005 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Recognition of Aboriginal Customary Laws written by Australia. Law Reform Commission and published by Australian Government Publishing Service. This book was released on 1986 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: Detailed examination of the scope for recognition of customary laws through existing common law rules; human rights and problems of relativity of standards; contact experience; constitutional aspects; marriage and family structures; recognition of traditional marriage; protection and distribution of property; child custody, fostering and adoption; the criminal justice system; customary law offences; police investigation and interrogation; issues of evidence and procedure including unsworn statements, juries and interpreters; proof of customary law including scope of expert evidence; taking of evidence including group evidence, secrecy and privileged communications; customary methods of dispute settlement; special Aboriginal courts and justice schemes; relations with police; traditional hunting, fishing and gathering practices; relevant case law and legislation considered throughout.

Download or read book Indigenous Crime and Settler Law written by H. Douglas and published by Springer. This book was released on 2012-08-21 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a break from the contemporary focus on the law's response to inter-racial crime, the authors examine the law's approach to the victimization of one Indigenous person by another. Drawing on a wealth of archival material relating to homicides in Australia, they conclude that settlers and Indigenous peoples still live in the shadow of empire.

Download or read book Proceedings of Roundtable on Sentencing and Indigenous Peoples written by Rick Sarre and published by . This book was released on 1998 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of papers address current concerns in relation to the interface of Indigenous Australians and the criminal justice system. Issues discussed include customary law, including the potential for differential sentencing; systemic issues within the criminal justice system; a multi-agency resocialisation program; and communication issues. One paper describes the African American experience and the implications for Australia. There is also an extensive compilation of research abstracts.

Download or read book Justice in Aboriginal Communities written by Ross Gordon Green and published by UBC Press. This book was released on 1998-08-01 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canada's criminal justice system has had a troubled relationship with Aboriginal people. This discord can be seen in disproportionally high rates of incarceration and in the limited recognition given by the conventional system to the needs and values of Aboriginal communities. To compound matters, many remote communities are served by fly-in circuit courts, which visit the communities once a month, pronounce judgement on the cases presented to them, and then leave. Ross Green looks at the evolution of the Canadian criminal justice system and the values upon which it is based. He then contrasts those values with Aboriginal concepts of justice. Against this backdrop, he introduces sentencing and mediation alternatives currently being developed in Aboriginal communities, including sentencing circles, elder and community sentencing panels, sentence advisory committees, and community mediation projects. At the heart of the book are case studies of northern communities, which Green uses to analyse the successes of and challenges to the innovative approaches to sentencing currently evolving in Aboriginal communities across the country. He concludes with a discussion of the ways in which the Canadian criminal justice system can facilitate or obstruct such innovations. This book is based on the author's scholarly research; field trips to the communities profiled; interviews with judges, prosecutors, community leaders, and participants in sentencing circles, sentencing panels, and mediation committees; and the author's personal experiences as a defence lawyer in northeastern Saskatchewan. This book is aimed at those concerned with criminal justice as well as practicing lawyers.

Download or read book Sentencing written by New South Wales. Law Reform Commission and published by . This book was released on 2000 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Report details the over-representation of Aboriginal people in the criminal justice system. The rate of recidivism for Aboriginal offenders is a matter of serious concern. Aboriginal people are also dying in custody in increasing numbers. There have been 147 Indigenous deaths in custody since the Royal Commission into Aboriginal Deaths in Custody, compared with 99 deaths in the previous decade. The Report considers whether legislation should contain special principles which would apply to the sentencing of Aboriginal offenders. It concludes that the existing common law principles of sentencing are sufficiently flexible to take account of the circumstances of Aboriginal offenders. The Commission's terms of reference specifically asked the Commission to consider whether there should be legislative endorsement.

Download or read book Indigenous Criminology written by Cunneen, Chris and published by Policy Press. This book was released on 2016-07-27 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous Criminology is the first book to explore indigenous peoples' contact with criminal justice systems comprehensively in a contemporary and historical context. Drawing on comparative indigenous material from North America, Australia, and New Zealand, it both addresses the theoretical underpinnings of a specific indigenous criminology and explores this concept's broader policy and practice implications for criminal justice at large. Written by leading criminologists specializing in indigenous peoples, Indigenous Criminology argues for the importance of indigenous knowledge and methodologies in shaping this field and suggests that the concept of colonialism is fundamental to understanding contemporary problems of criminology, such as deaths in custody, high imprisonment rates, police brutality, and the high levels of violence in some indigenous communities. Prioritizing the voices of indigenous peoples, this book will make a significant and lasting contribution to the decolonizing of criminology.

Download or read book Indigenous People and the Criminal Justice System written by Jonathan Rudin and published by . This book was released on 2018-06 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Aboriginal Justice and the Charter written by David Milward and published by UBC Press. This book was released on 2012-11-16 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aboriginal Justice and the Charter examines and seeks to resolve the tension between Aboriginal approaches to justice and the Canadian Charter of Rights and Freedoms. Until now, scholars have explored idealized notions of what Aboriginal justice might look like. David Milward strikes out into new territory by asking why Aboriginal communities seek reform and by identifying some of the constitutional barriers in their path. He identifies specific areas of the criminal justice process in which Aboriginal communities may wish to adopt different approaches, tests these approaches against constitutional imperatives, and offers practical proposals for reconciling the various matters at stake. This bold exploration of Aboriginal justice grapples with the difficult question of how Aboriginal justice systems can be fair to their constituents but still comply with the protections guaranteed to all Canadians by the Charter.

Download or read book Appendix Cases on Traditional Punishment and Sentencing written by Australia. Law Reform Commission. Reference on Aboriginal Customary Law and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Justice Reinvestment written by David Brown and published by Springer. This book was released on 2016-01-26 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice reinvestment was introduced as a response to mass incarceration and racial disparity in the United States in 2003. This book examines justice reinvestment from its origins, its potential as a mechanism for winding back imprisonment rates, and its portability to Australia, the United Kingdom and beyond. The authors analyze the principles and processes of justice reinvestment, including the early neighborhood focus on 'million dollar blocks'. They further scrutinize the claims of evidence-based and data-driven policy, which have been used in the practical implementation strategies featured in bipartisan legislative criminal justice system reforms. This book takes a comparative approach to justice reinvestment by examining the differences in political, legal and cultural contexts between the United States and Australia in particular. It argues for a community-driven approach, originating in vulnerable Indigenous communities with high imprisonment rates, as part of a more general movement for Indigenous democracy. While supporting a social justice approach, the book confronts significantly the problematic features of the politics of locality and community, the process of criminal justice policy transfer, and rationalist conceptions of policy. It will be essential reading for scholars, students and practitioners of criminal justice and criminal law.

Download or read book Arresting incarceration written by Don Weatherburn and published by Aboriginal Studies Press. This book was released on 2014-03-14 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this outstanding new study Don Weatherburn confronts the data, appalling as they are, with his characteristic plain speaking and good sense. No excuses are offered, or simple solutions applied. — Mark Finnane, ARC Australian Professorial Fellow, Griffith University This is a provocative and courageous book by a well-respected criminologist, offering a critique of the over-representation of Indigenous people in custody and of the programs and approaches that are attempting to ameliorate the situation…All Australians owe it to Indigenous Australians to reduce these rates of incarceration. — Dr Maggie Brady, CAEPR, ANU Finally Weatherburn reviews some of the clumsy theorizing that have been at the centre of the debates about the overrepresentation of Indigenous Australians in our criminal justice system since the Royal Commission into Aboriginal Death inCustody in the early 1990s. — Rod Broadhurst, Professor of Criminology at the ANU Despite sweeping reforms by the Keating government following the 1991 Royal Commission into Aboriginal Deaths in Custody, the rate of Indigenous imprisonment has soared. What has gone wrong? In Arresting incarceration, Dr Don Weatherburn charts the events that led to Royal Commission. He also argues that past efforts to reduce the number of Aboriginal Australians in prison have failed to adequately address the underlying causes of Indigenous involvement in violent crime; namely drug and alcohol abuse, child neglect and abuse, poor school performance and unemployment.

Download or read book Sentencing Aboriginal Offenders written by Michelle Marie Mann and published by . This book was released on 2012 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis argues that the honour of the Crown and the reconciliation agenda are engaged in the sentencing of Aboriginal offenders, given grossly disproportionate Aboriginal incarceration rates and their underlying causes, including socio-economic problems, community breakdown and cultural dislocation that arise at least partly from the history of Crown-Aboriginal interaction. Such an interpretation facilitates a new relationship between the Crown and Aboriginal peoples and will contribute to the rehabilitation of the rule of law. I address not only the underlying legal questions pertaining to the engagement of the honour of the Crown and the reconciliation agenda in sentencing Aboriginal offenders, but also interrogatories relating to the role of morality in the law and the rule of law for Aboriginal peoples in the sentencing context. Fundamentally, the honour of the Crown and reconciliation principles are interpreted and applied such that the sentencing of Aboriginal offenders can accommodate and attempt to ameliorate colonialist history. This distinctive history produces a legal requirement of reconciliation and honour-based governance if the rule of law is to be a reality for Aboriginal peoples in Canada. Section 718.2(e) of the Criminal Code and Gladue analysis provide a vehicle for the courts to inject the honour of the Crown into the sentencing of Aboriginal offenders, albeit at one remove. However, the honour of the Crown requires a vigorous Gladue type analysis by judges sentencing Aboriginal offenders regardless of the existence of section 718.2(e). Canada must be prepared to accept responsibility and directly address some of the fallout in the criminal justice system from the history of Crown / Aboriginal relations. The honour of the Crown requires a different sentencing approach for Aboriginal offenders independent of section 718.2(e) and reconciliation is an interpretive normative principle underlying the sentencing of Aboriginal offenders, shaping the honour of the Crown and infusing the rule of law for Aboriginal peoples. Aboriginal offender rehabilitation needs to go hand in hand with the rehabiltation of the rule of law for Aboriginal peoples as a pivotal component of reconciliation.

Download or read book Penal Culture and Hyperincarceration written by Mr David Brown and published by Ashgate Publishing, Ltd.. This book was released on 2013-11-28 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the various forces influencing the role of the prison in late modern societies? What changes have there been in penality and use of the prison over the past 40 years that have led to the re-valorization of the prison? Using penal culture as a conceptual and theoretical vehicle, and Australia as a case study, this book analyses international developments in penality and imprisonment. Authored by some of Australia’s leading penal theorists, the book examines the historical and contemporary influences on the use of the prison, with analyses of colonialism, post colonialism, race, and what they term the ‘penal/colonial complex,’ in the construction of imprisonment rates and on the development of the phenomenon of hyperincarceration. The authors develop penal culture as an explanatory framework for continuity, change and difference in prisons and the nature of contested penal expansionism. The influence of transformative concepts such as ‘risk management’, ‘the therapeutic prison’, and ‘preventative detention’ are explored as aspects of penal culture. Processes of normalization, transmission and reproduction of penal culture are seen throughout the social realm. Comparative, contemporary and historical in its approach, the book provides a new analysis of penality in the 21st century.

Download or read book Indigenous Criminology written by Chris Cunneen and published by Policy Press. This book was released on 2016-07-27 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous Criminology is the first book to comprehensively explore Indigenous people’s contact with criminal justice systems in a contemporary and historical context. Drawing on comparative Indigenous material from North America, Australia and Aotearoa New Zealand, it addresses both the theoretical underpinnings to the development of a specific Indigenous criminology, and canvasses the broader policy and practice implications for criminal justice. Written by leading criminologists specialising in Indigenous justice issues, the book argues for the importance of Indigenous knowledges and methodologies to criminology, and suggests that colonialism needs to be a fundamental concept to criminology in order to understand contemporary problems such as deaths in custody, high imprisonment rates, police brutality and the high levels of violence in some Indigenous communities. Prioritising the voices of Indigenous peoples, the work will make a significant contribution to the development of a decolonising criminology and will be of wide interest.