Indigenous People and Criminal Justice

Indigenous People and Criminal Justice
Author: Justin Healey
Publisher:
Total Pages:
Release: 2019-07
Genre:
ISBN: 9781925339901

Indigenous Australians are the most incarcerated people on Earth. Aboriginal and Torres Strait Islanders make up 2% of all Australians, yet constitute 27% of the nation¿s prison population. Over-representation in the criminal justice system by indigenous men, women and young people is a persistent and growing problem. What are the reasons for these high imprisonment rates; and what reforms are being proposed to reduce indigenous people¿s contact with the criminal justice system? Are `tough on crime¿ policies flouting death-in-custody recommendations and further entrenching indigenous inequality and disadvantage before the law? After the recent Royal Commission, prompted by shocking abuses at the Don Dale detentioncentre, has anything changed in relation to youth detention? This book examines the latest research on indigenous imprisonment rates, and reviews progress on addressing Aboriginal deaths in custody and youthdetention reform. How can governments reduce over-incarceration and commit to working with Aboriginal and Torres Strait Islander communitiesto implement overdue interventions? What will it take to unlock theproblems of indigenous inequality in the criminal justice system?

Aboriginal Justice and the Charter

Aboriginal Justice and the Charter
Author: David Milward
Publisher: UBC Press
Total Pages: 332
Release: 2012-11-16
Genre: Social Science
ISBN: 0774824581

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.

Justice in Aboriginal Communities

Justice in Aboriginal Communities
Author: Ross Gordon Green
Publisher: UBC Press
Total Pages: 188
Release: 1998-08-01
Genre: Law
ISBN: 1895830540

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.

Will the Circle be Unbroken?

Will the Circle be Unbroken?
Author: Jane Dickson-Gilmore
Publisher: University of Toronto Press
Total Pages: 289
Release: 2005-01-01
Genre: Social Science
ISBN: 0802086748

Drawing on their shared experiences working with Aboriginal communities, the authors examine the outcomes of restorative justice projects, paying special attention to such prominent programs as conferencing, sentencing circles, and healing circles. They also look to Aboriginal justice reforms in other countries, comparing and contrasting Canadian reforms with the restorative efforts in New Zealand, Australia, and the United States.

Moving Toward Justice

Moving Toward Justice
Author: John D. Whyte
Publisher: Purich Publishing
Total Pages: 0
Release: 2008
Genre: Law
ISBN: 9781895830330

"The essays collected in Moving Toward Justice include analyses of the challenges of legal pluralism, restorative justice, gender and race in sentencing, notions of community, and reconciliation in Aboriginal justice." "This book aims to underscore the urgent need for Aboriginal justice reform, to suggest the outlines of the constitutional and administrative changes that will allow reform to occur, and to explore a series of specific issues that have arisen from reforms already made. It is a book for scholars, policy makers, and all those interested to or working with justice issues."--BOOK JACKET.

Justice and Warfare in Aboriginal Australia

Justice and Warfare in Aboriginal Australia
Author: Christophe Darmangeat
Publisher: Rowman & Littlefield
Total Pages: 291
Release: 2020-11-12
Genre: Social Science
ISBN: 1793632324

Meticulously examining ethnographic sources, Christophe Darmangeat argues that warfare among Australian Aborigines was mostly an extension of their judicial systems. He demonstrates how violent conflict occurred when circumstances prohibited regulated proceedings.

Popular Justice and Community Regeneration

Popular Justice and Community Regeneration
Author: Kayleen M. Hazlehurst
Publisher: Bloomsbury Publishing USA
Total Pages: 263
Release: 1995-06-13
Genre: Political Science
ISBN: 0313022240

Formal justice systems have not served the human rights of native and aboriginal groups well and have led to growing natural and international pressure for equal treatment and increased political and legal autonomy. Indigenous activities in areas of community healing have created a fervor of interest as native peoples have shared experiences with programs that reduce addiction, family violence, child abuse, and sociocultural disintegration of traditional communities. Through ethnographic and indigenous contributions this volume penetrates the psychosocial aspects of the indigenous movement in the United States, Canada, Australia, and New Zealand. It analyzes community-based reforms and shows how years of experience in adversity, peacemaking, and community preservation have equipped native peoples with skills they now wish to share for spiritual world healing.

Justice

Justice
Author: Fiona Skyring
Publisher: UWA Publishing
Total Pages: 468
Release: 2011
Genre: History
ISBN: 9781921401633

A lively and multi-dimensional insight into Australian history, Justice: A history of the Aboriginal Legal Service of Western Australia reveals the human face of some of the nation's major social, political and legal reforms of the past four decades. The Aboriginal Legal Service began by defending Aboriginal people's right to equality before the law, and its defence of Aboriginal people's human rights has taken this story beyond the criminal justice system.

The Problem of Justice

The Problem of Justice
Author: Bruce Granville Miller
Publisher: U of Nebraska Press
Total Pages: 260
Release: 2001-01-01
Genre: Social Science
ISBN: 9780803282759

For the indigenous peoples of North America, the history of colonialism has often meant a distortion of history, even, in some cases, a loss or distorted sense of their own native practices of justice. How contemporary native communities have dealt quite differently with this dilemma is the subject of The Problem of Justice, a richly textured ethnographic study of indigenous peoples struggling to reestablish control over justice in the face of conflicting external and internal pressures. The peoples discussed in this book are the Coast Salish communities along the northwest coast of North America: the Upper Skagit Indian Tribe in Washington State, the St¢:lo Nation in British Columbia, and the South Island Tribal Council on Vancouver Island. Here we see how, despite their common heritage and close ties, each of these communities has taken a different direction in understanding and establishing a system of tribal justice. Describing the results?from the steadily expanding independence and jurisdiction of the Upper Skagit Court to the collapse of the South Island Justice Project?Bruce G. Miller advances an ethnographically informed, comparative, historically based understanding of aboriginal justice and the particular dilemmas tribal leaders and community members face. His work makes a persuasive case for an indigenous sovereignty associated with tribally controlled justice programs that recognize diversity and at the same time allow for internal dissent.