Aboriginal People Criminal Law And Sentencing
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Aboriginal People Criminal Law And Sentencing
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Author : Philip Vincent
language : en
Publisher:
Release Date : 2005
Aboriginal People Criminal Law And Sentencing written by Philip Vincent and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Aboriginal Australians categories.
Indigenous People Crime And Punishment
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Author : Thalia Anthony
language : en
Publisher: Routledge
Release Date : 2013-07-24
Indigenous People Crime And Punishment written by Thalia Anthony and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-24 with Law categories.
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.
Sentencing
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Author : New South Wales. Law Reform Commission
language : en
Publisher:
Release Date : 2000
Sentencing written by New South Wales. Law Reform Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Aboriginal Australian prisoners categories.
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.
Justice In Aboriginal Communities
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Author : Ross Gordon Green
language : en
Publisher: UBC Press
Release Date : 1998-08-01
Justice In Aboriginal Communities written by Ross Gordon Green and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-08-01 with Law categories.
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.
Indigenous Crime And Settler Law
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Author : H. Douglas
language : en
Publisher: Springer
Release Date : 2012-08-21
Indigenous Crime And Settler Law written by H. Douglas and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-21 with Law categories.
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.
Proceedings Of Roundtable On Sentencing And Indigenous Peoples
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Author : Rick Sarre
language : en
Publisher:
Release Date : 1998
Proceedings Of Roundtable On Sentencing And Indigenous Peoples written by Rick Sarre and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Aboriginal Australians categories.
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.
Sentencing
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Author : New South Wales. Law Reform Commission
language : en
Publisher:
Release Date : 2000
Sentencing written by New South Wales. Law Reform Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Aboriginal Australian prisoners categories.
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.
Indigenous Criminology
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Author : Cunneen, Chris
language : en
Publisher: Policy Press
Release Date : 2016-07-27
Indigenous Criminology written by Cunneen, Chris and has been published by Policy Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-27 with Social Science categories.
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.
Indigenous Courts Culture And Partner Violence
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Author : Elena Marchetti
language : en
Publisher: Springer
Release Date : 2019-03-30
Indigenous Courts Culture And Partner Violence written by Elena Marchetti and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-30 with Social Science categories.
This book examines the use and impact of Australian Indigenous sentencing courts in response to Indigenous partner violence. In operation in Australia since 1999, these courts were first established by a magistrate in South Australia who sought to improve court communication and understanding, and trust in the criminal justice system for Indigenous people. Indigenous Courts, Culture and Partner Violence is the first book to consider how the transformation of a sentencing process into one that better reflects Indigenous cultural values can improve outcomes for both victims and offenders of Indigenous partner violence. It asks which aspects of the sentencing process are most important in influencing a change in attitude and behaviour of Indigenous offenders who repeatedly engage in abusive behaviour towards their partner, and what types of justice process better meets the relationship, rehabilitative and safety needs of Indigenous partner violence offenders and their victims? Marchetti examines the adaptation of a formal sentencing process to make it more culturally meaningful when responding to Indigenous partner violence, and gauges victim and offender views about how the court process has affected their lives and relationships, and elicits their views of violence within their communities. This innovative work will be of great interest to academics, researchers, policy makers, police, lawyers, family violence service providers and students.
Indigenous People And The Criminal Justice System
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Author : Jonathan Rudin
language : en
Publisher:
Release Date : 2018-06
Indigenous People And The Criminal Justice System written by Jonathan Rudin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06 with categories.