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 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 The Oxford Handbook of Ethnicity Crime and Immigration written by Sandra M. Bucerius and published by Oxford Handbooks. This book was released on 2014 with total page 961 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title provides comprehensive analyses of current knowledge about the unwarranted disparities in dealings with the criminal justice system faced by some disadvantaged minority groups in all developed countries
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 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. Leading criminologists specializing in indigenous peoples, Chris Cunneen and Juan Tauri argue for the importance of indigenous knowledge and methodologies in shaping this field and suggest 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 Sentencing Policy and Social Justice written by Ralph Henham and published by Oxford University Press. This book was released on 2018-02-09 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sentencing Policy and Social Justice argues that the promotion of social justice should become a key objective of sentencing policy, advancing the argument that the legitimacy of sentencing ultimately depends upon the strength of the relationship between social morality and penal ideology. It sheds light on how shared moral values can influence sentencing policy at a time when relationships of community appear increasingly fragmented, arguing that sentencing will be better placed to make a positive contribution to social justice if it becomes more sensitive to the commonly-accepted moral boundaries that underpin adherence to the 'rule of law'. The need to reflect public opinion in sentencing has received significant attention more recently, with renewed interest in jury sentencing, 'stakeholder sentencing', and the involvement of community views when regulating policy. The author, however, advocates a different approach, combining a new theoretical focus with practical suggestions for reform, and arguing that the contribution sentencing can make to social justice necessitates a fundamental change in the way shared values about the advantages of punishment are reflected in penal ideology and sentencing policy. Using examples from international, comparative and domestic contexts to advance the moral and ethical case for challenging the existing theories of sentencing, the book develops the author's previous theoretical ideas and outlines how these changes could be given practical shape within the context of sentencing in England and Wales. It assesses the consequences for penal governance due to increased state regulation of discretionary sentencing power and examines the prospects for achieving the kind of moral transformation regarded as necessary to reverse such a move. To illustrate these issues each chapter focuses on a particularly problematic area for contemporary sentencing policy; namely, the sentencing of women; the sentencing of irregular migrants; sentencing for offences of serious public disorder; and sentencing for financial crime.
Download or read book Achieving Social Justice written by Larissa Behrendt and published by Federation Press. This book was released on 2003 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new work argues that a broad Indigenous rights framework is crucial to achieving positive change in the socio-economic disadvantage into which Indigenous Australians are born. It explains why addressing problems in Indigenous communities at a practical level needs to be done in conjunction with rights protection.
Download or read book Circle Sentencing in New South Wales written by and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Indigenous Australians and the Law written by Martin Hinton and published by Routledge. This book was released on 2008-04-16 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together a well-respected team of commentators, many of them indigenous Australians themselves, this revised and updated edition examines the legal, social and political developments that have taken place in Australia since the publication of the last edition. Providing students with a greater understanding of the issues facing Indigenous Australians in the hope of contributing to reconciliation, the authors explore a broad range of developments, including: human rights and reconciliation in contemporary Australia; the demise of ATSIC; issues of indigenous governance and water rights. Giving readers an incisive account of the resounding impact of social, political and legal conditions upon the Indigenous people of Australia and their interaction with and recourse to the law, this book is an excellent resource for those interested in the law of a coloniser or conqueror and its lasting impact upon first nations.
Download or read book An Australian Legal History written by Alex Cuthbert Castles and published by Lawbook Company. This book was released on 1982 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes cases, concepts and principles affecting status of Aboriginal people under British law; territorium nullius and non-recognition of Aboriginal land rights.
Download or read book Legal Australia wide Survey written by Christine Coumarelos and published by Law and Justice Foundation. This book was released on 2012-08-01 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Legal Australia-Wide Survey (LAW Survey) provides the first comprehensive quantitative assessment across Australia of an extensive range of legal needs on a representative sample of the population. It examines the nature of legal problems, the pathways to their resolution, and the demographic groups that struggle with the weight of their legal problems." -- Law and Justice Foundation of N.S.W. website.
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 Juvenile Justice written by Chris Cunneen and published by . This book was released on 2002 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an introduction to the main concepts and issues in juvenile justice in Australia, and provides a consolidated overview of the dynamics of youth crime and the institutions of social control. This book will be of particular interest to criminology and law students.
Download or read book Indigenous Legal Relations in Australia written by Larissa Behrendt and published by Oxford University Press, USA. This book was released on 2009 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book looks at Indigenous peoples' contact with Anglo-Australian law, and deals primarily with the problems the imposed law has had in its relationship with Indigenous people in Australia. This is supplemented by comparative sections on Indigenous peoples' experience of imposed law in other settler jurisdictions such as NZ, Canada and the US. The book covers issues relating to sovereignty, jurisdiction and territorial acquisition; family law and child protection; criminal law, policing and sentencing; land rights and native title; cultural heritage, heritage protection and intellectual property; anti-discrimination law; international human rights law; constitutional law; social justice, self-determination and treaty issues."--From information provided by publisher.
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 Indigenous Over Representation in Prison written by Lucy Snowball and published by . This book was released on 2006 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Indigeneous Australians The Law written by Martin Hinton and published by Routledge. This book was released on 2012-10-02 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book concentrates on areas of the law which are currently of great importance to the indigenous Australians. The subjects covered include the legacy of colonialism; de-racialisation; empowerment,sentencing and the criminal justice system; native title; public health law; reconciliation and the constitution; self-determination; common law and customary law; and human rights. The aim of this book is to familiarise law students with the culture of the indigenous people of Australia and to stimulate an appreciation of the impact of the law in its various forms upon the indigenous people, the obstacles to their full participation in the community, and the rocky road to reconciliation. It is hoped that this book will in some small way contribute to reconciliation by placing students, in particular, in a position of greater understanding.
Download or read book An Approach to Aboriginal Criminology written by William Clifford and published by . This book was released on 1982 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discriminatory justice revealed in Aboriginal imprisonment statistics; examines rate of imprisonment, offences committed and Aboriginal attitudes to crime; the role of customary law and the need for its incorporation into the Australian legal system.
