Indigenous Courts Self Determination And Criminal Justice
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Indigenous Courts Self Determination And Criminal Justice
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Author : Valmaine Toki
language : en
Publisher: Routledge
Release Date : 2018-04-09
Indigenous Courts Self Determination And Criminal Justice written by Valmaine Toki and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-09 with Law categories.
In New Zealand, as well as in Australia, Canada and other comparable jurisdictions, Indigenous peoples comprise a significantly disproportionate percentage of the prison population. For example, Maori, who comprise 15% of New Zealand’s population, make up 50% of its prisoners. For Maori women, the figure is 60%. These statistics have, moreover, remained more or less the same for at least the past thirty years. With New Zealand as its focus, this book explores how the fact that Indigenous peoples are more likely than any other ethnic group to be apprehended, arrested, prosecuted, convicted and incarcerated, might be alleviated. Taking seriously the rights to culture and to self-determination contained in the Treaty of Waitangi, in many comparable jurisdictions (including Australia, Canada, the United States of America), and also in the United Nations Declaration on the Rights of Indigenous Peoples, the book make the case for an Indigenous court founded on Indigenous conceptions of proper conduct, punishment, and behavior. More specifically, the book draws on contemporary notions of ‘therapeutic jurisprudence’ and ‘restorative justice’ in order to argue that such a court would offer an effective way to ameliorate the disproportionate incarceration of Indigenous peoples.
Aboriginal Human Rights The Criminal Justice System And The Search For Solutions
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Author : Luke McNamara
language : en
Publisher:
Release Date : 1993
Aboriginal Human Rights The Criminal Justice System And The Search For Solutions written by Luke McNamara and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Aboriginal Australians categories.
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.
Justice Indigenous Peoples And Canada
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Author : Kathryn M. Campbell
language : en
Publisher: Taylor & Francis
Release Date : 2023-12-19
Justice Indigenous Peoples And Canada written by Kathryn M. Campbell and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-19 with Social Science categories.
Justice, Indigenous Peoples, and Canada: A History of Courage and Resilience brings together the work of a number of leading researchers to provide a broad overview of criminal justice issues that Indigenous people in Canada have faced historically and continue to face today. Both Indigenous and Canadian scholars situate current issues of justice for Indigenous peoples, broadly defined, within the context of historical realities and ongoing developments. By examining how justice is defined, both from within Indigenous communities and outside of them, this volume examines the force of Constitutional reform and subsequent case law on Indigenous rights historically and in contemporary contexts. It then expands the discussion to include theoretical considerations, particularly settler colonialism, that help explain how ongoing oppressive and assimilationist agendas continue to affect how so-called "justice" is administered. From a critical perspective, the book examines the operation of the criminal justice system, through bail, specialized courts, policing, sentencing, incarceration and release. It explores legal frameworks as well as current issues that have significantly affected Indigenous peoples, such as the Truth and Reconciliation Commission, the Inquiry into Missing and Murdered Indigenous Women and Girls, human rights, resurgence and identity. This unique collection of perspectives exposes the disconcerting agenda of historical and modern-day Canadian federal government policy and the continued denial of Indigenous rights to self-determination. It is essential reading for those interested in the struggles of the Indigenous peoples in Canada as well as anyone studying race, crime and justice.
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.
Wise Practices
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Author : Robert Hamilton
language : en
Publisher: University of Toronto Press
Release Date : 2021
Wise Practices written by Robert Hamilton and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Autonomy categories.
This volume explores the relationship between Indigenous self-determination - specifically practices of law and governance - and Indigenous social and economic development.
Unfinished Constitutional Business
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Author : Australian Institute of Aboriginal and Torres Strait Islander Studies
language : en
Publisher: Aboriginal Studies Press
Release Date : 2005
Unfinished Constitutional Business written by Australian Institute of Aboriginal and Torres Strait Islander Studies and has been published by Aboriginal Studies Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Political Science categories.
A comparative approach to the Indigeneity and the experience of colonisation. From Australia to the Solomons, to the USA to Canada, the experience of colonisation in those colonies involved either the introduction of a common law system or an introduced civil law system.
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.
Black Lives White Law
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Author : Russell Marks
language : en
Publisher: Black Inc.
Release Date : 2022-08-02
Black Lives White Law written by Russell Marks and has been published by Black Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-02 with Law categories.
How and why Australia's legal system fails Aboriginal and Torres Strait Islander people 'Russell Marks unravels a national tragedy. From the front line he delivers a first-rate, firsthand account of how so many First Nations people end up in jail, again and again.' --Patrick Dodson, Labor Senator for Western Australia Indigenous Australians are the most incarcerated people on the planet. Indigenous men are fifteen times more likely to be locked up than their non-Indigenous counterparts; Indigenous women are twenty-one times more likely. Featuring vivid case studies and drawing on a deep sense of history, Black Lives, White Law explores Australia's extraordinary record of locking up First Nations people. It examines Australia's system of criminal justice -- the web of laws and courts and police and prisons -- and how that system interacts with First Nations people and communities. How is it that so many are locked up? Why have imprisonment rates increased in recent years? Is this situation fair? Almost everyone agrees that it's not. And yet it keeps getting worse. In this groundbreaking book, Russell Marks investigates Australia's incarceration epidemic. What would happen if the institutions of Australian justice received the same scrutiny to which they routinely subject Indigenous Australians? 'How should we tell the story of Indigenous incarceration in Australia? Only part of it is in the numbers. And we can't get very far by looking at the crimes that see Indigenous offenders punished by courts and sentenced to prison ... To really grapple with the problem of Indigenous incarceration requires us to accept the possibility that there might be another way. That the current state of affairs -- where entire families sometimes spend time behind bars -- is not inevitable.' --Russell Marks Shortlisted, Australian Political Book of the Year 2023 Shortlisted, Prime Minister's Literary Awards 2023 'This passionate, timely book shines a critical light on First Nations' incarceration rates in Australia, bringing history into the present with a sense of urgency and purpose ... Powerfully interventionist while avoiding polemic, this book reminds us that frontier violence has a present as well as a past.' --Judges' comments, Prime Minister's Literary Awards
Canadian Law And Indigenous Self Determination
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Author : Gordon Christie
language : en
Publisher: University of Toronto Press
Release Date : 2019
Canadian Law And Indigenous Self Determination written by Gordon Christie and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
Canadian Law and Indigenous Self-Determination demonstrates how, over the last few decades, Canadian law has attempted to remove Indigenous sovereignty from the Canadian legal, social, and political landscape.