Download or read book Aboriginal Witnesses in Queensland s Criminal Courts written by and published by . This book was released on 1996 with total page 125 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reports on research project which was instigated after public debate on the Pinkenba case; focusses on language and cultural issues which may create barriers to communication for Aboriginal people giving evidence as witnesses; considers ways judicial officers, lawyers and jurors might better understand and interpret evidence given; use of interpreters; the court environment; needs of Aboriginal women; recommendations include amendments to the Queensland Evidence Act.
Download or read book Reports on Aboriginal Witnesses and Police Watchhouses written by and published by . This book was released on 1997 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Gratuitous Justice written by Susan C. Kerr and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Summarises and comments on a report which considers language issues and issues in cross-cultural communication which may create barriers for Aboriginal people giving evidence.
Download or read book Child Witnesses in Twentieth Century Australian Courtrooms written by Robyn Blewer and published by Springer Nature. This book was released on 2021-04-15 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the law, policy and procedure for child witnesses in Australian criminal courts across the twentieth century. It uses the stories and experiences of over 200 children, in many cases using their own words from press reports, to highlight how the relevant law was – or was not - applied throughout this period. The law was sympathetic to the plight of child witnesses and exhibited a significant degree of pragmatism to receive the evidence of children but was equally fearful of innocent men being wrongly convicted. The book highlights the impact ‘safeguards’ like corroboration and closed court rules had on the outcome of many cases and the extent to which fear – of children, of lies (or the truth) and of reform – influenced the criminal justice process. Over a century of children giving evidence in court it is `clear that the more things changed, the more they stayed the same’.
Download or read book Courtroom Talk and Neocolonial Control written by Diana Eades and published by Walter de Gruyter. This book was released on 2008-09-25 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book uses critical sociolinguistic analysis to examine the social consequences of courtroom talk. The focus of the study is the cross-examination of three Australian Aboriginal boys who were prosecution witnesses in the case of six police officers charged with their abduction. The analysis reveals how the language mechanisms allowed by courtroom rules of evidence serve to legitimize neocolonial control over Indigenous people. In the propositions and assertions made in cross-examination, and their adoption by judicial decision-makers, the three boys were constructed not as victims of police abuse, but rather in terms of difference, deviance and delinquency. This identity work addresses fundamental issues concerning what it means to be an Aboriginal young person, as well as constraints about how to perform or live this identity, and the rights to which Aboriginal people can lay claim, while legitimizing police control over their freedom of movement. Understanding this courtroom talk requires analysis of the sociopolitical and historical actions and structures within which the courtroom hearing was embedded. Through this analysis, the interrelatedness of structure, agency, constraint and change, which is central to critical sociolinguistics, becomes apparent. In its investigation of language ideologies that underpin courtroom talk, as well as the details of how language is used, and the social consequences of this talk, the book highlights the need for far-reaching changes to courtroom rules of evidence.
Download or read book Black Glass written by and published by Fremantle Press. This book was released on 2005 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 The Receipt of Evidence by Queensland Courts written by Queensland. Law Reform Commission and published by . This book was released on 1998 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Aboriginal Benchbook for Western Australian Courts written by Stephanie Fryer-Smith and published by . This book was released on 2002 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The objectives of the Benchbook are twofold. First, it seeks to assist judicial officers in criminal proceedings involving Aboriginal persons. The second objective of the Benchbook is to serve as a Model or template for adaption and application in other Australian criminal jurisdictions. Sinece the Benchbook is very much an experimental work, such adaptations may well reflect different approaches and emphases." -introduction.
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 Equality Before the Law Bench Book written by Linda Daniele and published by . This book was released on 2006 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book North Queensland Aborigines and Criminal Justice in the Courts written by Clifton Baker and published by . This book was released on 1992 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: Literature review of Aboriginal involvement in the criminal justice system in Queensland with a focus on the court system; reserve conditions and crime; sentencing; the Alwyn Peter case; confession statements; Aboriginal courts; Aboriginal police.
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 A Fatal Conjunction written by Joan Kimm and published by Federation Press. This book was released on 2004 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do Aboriginal women in Australia experience such high levels of violence in their own communities? In this considered and carefully researched book, Joan Kimm discusses the extent and nature of the violence, its underlying causes, current policies that deal with it, and changes that might improve these policies. Her work covers: the devastating legacy of European colonialism on Indigenous culture, modern anthropological evidence about patriarchy and violence in traditional Aboriginal societies, beliefs held by Aboriginals, particularly men, about their cultural heritage, the impact of cultural heritage upon modern Indigenous society, and changing judicial attitudes to sentencing Aboriginal men for violence to Aboriginal women, shifting from emphasis on the men's cultural background to emphasis on the women's rights as victims. Kimm shows how this multi-faceted environment, particularly the interaction of two patriarchal laws, has had, and continues to have, very real destructive effects on Aboriginal women. Kimm argues powerfully that Aboriginal women, like all women, like all humans, have the universal right to lives free of violence. She contends that current law, policy and practice place too much emphasis on their rights as Indigenous people and too little on their rights as women. A shift in emphasis will be an important first step to safer lives.
Download or read book Aboriginal Ways of Using English written by Diana Eades and published by Aboriginal Studies Press. This book was released on 2013-06-14 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new collection by Professor Diana Eades addresses the way non-traditional language Aboriginal speakers of English use and speak English. Here she draws together some of her best writing over the past thirty years. Older chapters are brought up to date with contemporary reflections, informed by her many years' experience in research and teaching as well as the practical applications of her scholarly work. The introduction includes an overview about Aboriginal ways of speaking English and the implications for both education and the law, as well as discussing the use of the term 'Aboriginal English'. To understand Aboriginal ways of speaking English leads to be better understanding Aboriginal identity, a better engagement in intercultural communication, and learning about the complexities of how English is used by and with Aboriginal people in the legal process. This is invaluable reading for university undergraduates in a range of disciplines but also postgraduate courses where theres little information available. Educated readers and students with or without a linguistics background will find the book accessible.
Download or read book Language in the Legal Process written by J. Cotterill and published by Springer. This book was released on 2002-10-09 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Linguists and lawyers from a range of countries and legal systems explore the language of the law and its participants, beginning with the role of the forensic linguist in legal proceedings, either as expert witness or in legal language reform. Subsequent chapters analyze different aspects of language and interaction in the chain of events from a police emergency call through the police interview context and into the courtroom, as well as appeal court and alternative routes to justice. A broad-based, coherent introduction to the discourse of language and law.
