Indigenous People Crime And Punishment

Author : Thalia Anthony
Publisher : Routledge
Page : 273 pages
File Size : 54,7 Mb
Release : 2013-07-24
Category : Law
ISBN : 9781134620487

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Indigenous People, Crime and Punishment by Thalia Anthony Pdf

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.

Author : Thalia Anthony
Publisher : Routledge
Page : 295 pages
File Size : 50,7 Mb
Release : 2013-07-24
Category : Law
ISBN : 9781134620555

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Indigenous People, Crime and Punishment by Thalia Anthony Pdf

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.

Author : Cunneen, Chris,Tauri, Juan
Publisher : Policy Press
Page : 176 pages
File Size : 55,6 Mb
Release : 2016-07-27
Category : Social Science
ISBN : 9781447321781

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Indigenous criminology by Cunneen, Chris,Tauri, Juan Pdf

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.

Author : Ross Gordon Green
Publisher : UBC Press
Page : 188 pages
File Size : 52,6 Mb
Release : 1998-08-01
Category : Law
ISBN : 9781895830545

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Justice in Aboriginal Communities by Ross Gordon Green Pdf

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.

Author : Paul Havemann,University of Regina. Prairie Justice Research
Publisher : Regina : Prairie Justice Research, School of Human Justice, University of Regina
Page : 230 pages
File Size : 48,6 Mb
Release : 1985
Category : Law
ISBN : UOM:39015019805012

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Law and Order for Canada's Indigenous People by Paul Havemann,University of Regina. Prairie Justice Research Pdf

Critical assessment of available Canadian research literature (generally 1972-1983) describing the impact of selected components of the criminal justice system on native people in Canada.

Author : Jonathan Rudin,Brian H. Greenspan,Vincenzo Rondinelli
Publisher : Unknown
Page : 128 pages
File Size : 52,6 Mb
Release : 2018-06
Category : Electronic
ISBN : 1772553042

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Indigenous People and the Criminal Justice System by Jonathan Rudin,Brian H. Greenspan,Vincenzo Rondinelli Pdf

Author : Marianne Nielsen,Linda M. Robyn
Publisher : Rutgers University Press
Page : 277 pages
File Size : 47,8 Mb
Release : 2019-09-20
Category : Law
ISBN : 9780813598710

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Colonialism Is Crime by Marianne Nielsen,Linda M. Robyn Pdf

There is powerful evidence that the colonization of Indigenous people was and is a crime, and that that crime is on-going. In this book Nielsen and Robyn present an analysis of the relationship between these colonial crimes and their continuing criminal and socially injurious consequences that exist today.

Author : Carmela Murdocca
Publisher : UBC Press
Page : 281 pages
File Size : 51,6 Mb
Release : 2013-10-15
Category : Social Science
ISBN : 9780774824996

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To Right Historical Wrongs by Carmela Murdocca Pdf

Following the Second World War, liberal nation-states sought to address injustices of the past. Canada's government began to consider its own implication in various past wrongs, and in the late twentieth century it began to implement reparative justice initiatives for historically marginalized people. Yet despite this shift, there are more Indigenous and racialized people in Canadian prisons now than at any other time in history. Carmela Murdocca examines this disconnect between the political motivations for amending historical injustices and the vastly disproportionate reality of the penal system a troubling contradiction that is often ignored.

Author : Nicole Eustace
Publisher : Liveright Publishing
Page : 467 pages
File Size : 46,6 Mb
Release : 2021-04-27
Category : History
ISBN : 9781631495885

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Covered with Night: A Story of Murder and Indigenous Justice in Early America by Nicole Eustace Pdf

WINNER • 2022 PULITZER PRIZE IN HISTORY Finalist • National Book Award for Nonfiction Best Books of the Year • TIME, Smithsonian, Boston Globe, Kirkus Reviews The Pulitzer Prize-winning history that transforms a single event in 1722 into an unparalleled portrait of early America. In the winter of 1722, on the eve of a major conference between the Five Nations of the Haudenosaunee (also known as the Iroquois) and Anglo-American colonists, a pair of colonial fur traders brutally assaulted a Seneca hunter near Conestoga, Pennsylvania. Though virtually forgotten today, the crime ignited a contest between Native American forms of justice—rooted in community, forgiveness, and reparations—and the colonial ideology of harsh reprisal that called for the accused killers to be executed if found guilty. In Covered with Night, historian Nicole Eustace reconstructs the attack and its aftermath, introducing a group of unforgettable individuals—from the slain man’s resilient widow to an Indigenous diplomat known as “Captain Civility” to the scheming governor of Pennsylvania—as she narrates a remarkable series of criminal investigations and cross-cultural negotiations. Taking its title from a Haudenosaunee metaphor for mourning, Covered with Night ultimately urges us to consider Indigenous approaches to grief and condolence, rupture and repair, as we seek new avenues of justice in our own era.

Author : Lisa Monchalin
Publisher : Unknown
Page : 412 pages
File Size : 52,5 Mb
Release : 2015
Category : Criminal justice, Administration of
ISBN : 1442606630

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The Colonial Problem by Lisa Monchalin Pdf

"In the Canadian criminal justice system, aboriginal peoples are overrepresented as both victims and offenders. The aboriginal incarcerated population in Canada is rising each year and aboriginal people are twice as likely to become victims of assaults when compared to non-aboriginal people. In response, the Canadian state has framed the disproportionate victimization and criminalization of aboriginal peoples as being an "Indian problem." In The Colonial Problem, Lisa Monchalin challenges the myth of the Indian problem by encouraging readers to recognize the consequences of assimilation, crimes affecting aboriginal peoples, and violence against aboriginal women from a more culturally aware position. By bringing to light the truth of Canada's colonial past, the book demonstrates that the overrepresentation of aboriginal peoples in the Canadian criminal justice system is not an Indian problem but a colonial one."--

Author : Lily George,Adele N. Norris,Antje Deckert,Juan Tauri
Publisher : Springer Nature
Page : 290 pages
File Size : 49,5 Mb
Release : 2020-09-26
Category : Social Science
ISBN : 9783030445676

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Neo-Colonial Injustice and the Mass Imprisonment of Indigenous Women by Lily George,Adele N. Norris,Antje Deckert,Juan Tauri Pdf

This book closes a gap in decolonizing intersectional and comparative research by addressing issues around the mass incarceration of Indigenous women in the US, Australia, Canada, and Aotearoa New Zealand. This edited collection seeks to add to the criminological discourse by increasing public awareness of the social problem of disproportionate incarceration rates. It illuminates how settler-colonial societies continue to deny many Indigenous peoples the life relatively free from state interference which most citizens enjoy. The authors explore how White-settler supremacy is exercised and preserved through neo-colonial institutions, policies and laws leading to failures in social and criminal justice reform and the impact of women’s incarceration on their children, partners, families, and communities. It also explores the tools of activism and resistance that Indigenous peoples use to resist neo-colonial marginalisation tactics to decolonise their lives and communities. With most contributors embedded in their indigenous communities, this collection is written from academic as well as community and experiential perspectives. It will be a comprehensive resource for academics and students of criminology, sociology, Indigenous studies, women and gender studies and related academic disciplines, as well as non-academic audiences: offering new knowledge and insider insights both nationally and internationally.

Author : Law Commission of Canada
Publisher : UBC Press
Page : 189 pages
File Size : 54,9 Mb
Release : 2008-01-01
Category : Law
ISBN : 9780774843737

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Indigenous Legal Traditions by Law Commission of Canada Pdf

The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.

Author : Sandra M. Bucerius,Michael H. Tonry
Publisher : Oxford Handbooks
Page : 961 pages
File Size : 43,7 Mb
Release : 2014
Category : Law
ISBN : 9780199859016

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The Oxford Handbook of Ethnicity, Crime, and Immigration by Sandra M. Bucerius,Michael H. Tonry Pdf

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

Author : Tamara Starblanket
Publisher : SCB Distributors
Page : 338 pages
File Size : 40,9 Mb
Release : 2020-04-28
Category : Law
ISBN : 9780998694788

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Suffer the Little Children by Tamara Starblanket Pdf

Originally approved as a master of laws thesis by a respected Canadian university, this book tackles one of the most compelling issues of our time—the crime of genocide—and whether in fact it can be said to have occurred in relation to the many Original Nations on Great Turtle Island now claimed by a state called Canada. It has been hailed as groundbreaking by many Indigenous and other scholars engaged with this issue, impacting not just Canada but states worldwide where entrapped Indigenous nations face absorption by a dominating colonial state. Starblanket unpacks Canada’s role in the removal of cultural genocide from the Genocide Convention, though the disappearance of an Original Nation by forced assimilation was regarded by many states as equally genocidal as destruction by slaughter. Did Canada seek to tailor the definition of genocide to escape its own crimes which were then even ongoing? The crime of genocide, to be held as such under current international law, must address the complicated issue of mens rea (not just the commission of a crime, but the specific intent to do so). This book permits readers to make a judgment on whether or not this was the case. Starblanket examines how genocide was operationalized in Canada, focused primarily on breaking the intergenerational transmission of culture from parents to children. Seeking to absorb the new generations into a different cultural identity—English-speaking, Christian, Anglo-Saxon, termed Canadian—Canada seized children from their parents, and oversaw and enforced the stripping of their cultural beliefs, languages and traditions, replacing them by those still in process of being established by the emerging Canadian state.

Author : H. Douglas,M. Finnane
Publisher : Springer
Page : 280 pages
File Size : 49,8 Mb
Release : 2012-08-21
Category : Law
ISBN : 9781137284983

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Indigenous Crime and Settler Law by H. Douglas,M. Finnane Pdf

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.