Reducing Indigenous Contact With The Court System

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Aboriginal Peoples and the Justice System

Author : Canada. Royal Commission on Aboriginal Peoples
Publisher : Royal Commission
Page : 528 pages
File Size : 55,8 Mb
Release : 1993
Category : History
ISBN : UOM:39015028923301

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Aboriginal Peoples and the Justice System by Canada. Royal Commission on Aboriginal Peoples Pdf

"There was a widespread view among participants at the Round Table that the current justice system, especially the criminal justice system, is too centralized, too legalistic, too formal and too removed from the (Aboriginal) communities it is supposed to serve."--

Indigenous Legal Traditions

Author : Law Commission of Canada
Publisher : UBC Press
Page : 189 pages
File Size : 48,6 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.

Justice in Aboriginal Communities

Author : Ross Gordon Green
Publisher : UBC Press
Page : 188 pages
File Size : 41,6 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.

Arresting incarceration

Author : Don Weatherburn
Publisher : Aboriginal Studies Press
Page : 209 pages
File Size : 51,9 Mb
Release : 2014-03-14
Category : Social Science
ISBN : 9781922059550

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Arresting incarceration by Don Weatherburn Pdf

In this outstanding new study Don Weatherburn confronts the data, appalling as they are, with his characteristic plain speaking and good sense. No excuses are offered, or simple solutions applied. — Mark Finnane, ARC Australian Professorial Fellow, Griffith University This is a provocative and courageous book by a well-respected criminologist, offering a critique of the over-representation of Indigenous people in custody and of the programs and approaches that are attempting to ameliorate the situation…All Australians owe it to Indigenous Australians to reduce these rates of incarceration. — Dr Maggie Brady, CAEPR, ANU Finally Weatherburn reviews some of the clumsy theorizing that have been at the centre of the debates about the overrepresentation of Indigenous Australians in our criminal justice system since the Royal Commission into Aboriginal Death inCustody in the early 1990s. — Rod Broadhurst, Professor of Criminology at the ANU Despite sweeping reforms by the Keating government following the 1991 Royal Commission into Aboriginal Deaths in Custody, the rate of Indigenous imprisonment has soared. What has gone wrong? In Arresting incarceration, Dr Don Weatherburn charts the events that led to Royal Commission. He also argues that past efforts to reduce the number of Aboriginal Australians in prison have failed to adequately address the underlying causes of Indigenous involvement in violent crime; namely drug and alcohol abuse, child neglect and abuse, poor school performance and unemployment.

Diversion of Indigenous Juvenile Offenders

Author : Lucy Snowball
Publisher : Unknown
Page : 6 pages
File Size : 47,5 Mb
Release : 2008
Category : Social Science
ISBN : 1921185805

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Diversion of Indigenous Juvenile Offenders by Lucy Snowball Pdf

Conferencing and cautioning are used as diversionary alternatives in the juvenile justice system and there is evidence to suggest they reduce reoffending. As Indigenous young people are overrepresented in the juvenile justice system, an important question is whether they are as likely to be diverted as non-Indigenous young people. This study used modelled data to examine juveniles' contact with the police and courts, and the differences in juvenile diversionary rates for Indigenous and non-Indigenous offenders in New South Wales, South Australia and Western Australia in 2005. For all states, Indigenous young offenders were more likely than non-Indigenous offenders to be referred to court, non-Indigenous offenders were more likely to receive a police caution, and males and older offenders were more likely to be diverted. The number of prior contacts was similar for all states, with more contacts reducing the likelihood of diversion and with less likelihood of diversion for offenders committing offences against a person. As Indigenous young offenders are more likely to have multiple prior contacts with the system, including detention, further research is needed into the reasons for their high reoffending rates.

Indigenous criminology

Author : Cunneen, Chris,Tauri, Juan
Publisher : Policy Press
Page : 176 pages
File Size : 45,8 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.

Examining Aboriginal Corrections in Canada

Author : Carol Laprairie
Publisher : Unknown
Page : 128 pages
File Size : 52,7 Mb
Release : 1996
Category : Corrections
ISBN : OCLC:1081155752

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Examining Aboriginal Corrections in Canada by Carol Laprairie Pdf

Law and Order for Canada's Indigenous People

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 : 47,7 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.

Seen But Not Heard

Author : Carol La Prairie,Canada. Department of Justice. Communications and Consultation Branch,Canada. Aboriginal Justice Directorate
Publisher : Unknown
Page : 562 pages
File Size : 47,7 Mb
Release : 1995
Category : Criminal justice, Administration of
ISBN : NWU:35559003694985

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Seen But Not Heard by Carol La Prairie,Canada. Department of Justice. Communications and Consultation Branch,Canada. Aboriginal Justice Directorate Pdf

This research was carried out under the auspices of the Department of Justice, Aboriginal Justice Directorate. In addition to exploring the issue of persistent over0involvedment as offenders with the criminal justice system, the research provides a "voice" to a particularly disadvantaged group of urban native people - a group usually "seen but not heard". It is about a very specific group of aboriginal people - those who reside in inner or core areas of cities, and those who use inner-cities services. Their lives are explored in an attempt to shed light on their persistent over-involvement in the criminal justice system.

Indigenous People and Criminal Justice

Author : Justin Healey
Publisher : Unknown
Page : 128 pages
File Size : 54,6 Mb
Release : 2019-07
Category : Electronic
ISBN : 1925339904

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Indigenous People and Criminal Justice by Justin Healey Pdf

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?

Indigenous Courts, Culture and Partner Violence

Author : Elena Marchetti
Publisher : Springer
Page : 222 pages
File Size : 42,7 Mb
Release : 2019-03-30
Category : Social Science
ISBN : 9781137580634

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Indigenous Courts, Culture and Partner Violence by Elena Marchetti Pdf

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.

The Palgrave Handbook of Australian and New Zealand Criminology, Crime and Justice

Author : Antje Deckert,Rick Sarre
Publisher : Springer
Page : 916 pages
File Size : 43,9 Mb
Release : 2017-11-03
Category : Social Science
ISBN : 9783319557472

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The Palgrave Handbook of Australian and New Zealand Criminology, Crime and Justice by Antje Deckert,Rick Sarre Pdf

This handbook engages key debates in Australian and New Zealand criminology over the last 50 years. In six sections, containing 56 original chapters, leading researchers and practitioners investigate topics such as the history of criminology; crime and justice data; law reform; gangs; youth crime; violent, white collar and rural crime; cybercrime; terrorism; sentencing; Indigenous courts; child witnesses and children of prisoners; police complaints processes; gun laws; alcohol policies; and criminal profiling. Key sections highlight criminological theory and, crucially, Indigenous issues and perspectives on criminal justice. Contributors examine the implications of past and current trends in official data collection, crime policy, and academic investigation to build up an understanding of under-researched and emerging problem areas for future research. An authoritative and comprehensive text, this handbook constitutes a long-awaited and necessary resource for dedicated academics, public policy analysts, and university students.

Justice Reinvestment

Author : David Brown,Chris Cunneen,Melanie Schwartz,Julie Stubbs,Courtney Young
Publisher : Springer
Page : 291 pages
File Size : 42,7 Mb
Release : 2016-01-26
Category : Social Science
ISBN : 9781137449115

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Justice Reinvestment by David Brown,Chris Cunneen,Melanie Schwartz,Julie Stubbs,Courtney Young Pdf

Justice reinvestment was introduced as a response to mass incarceration and racial disparity in the United States in 2003. This book examines justice reinvestment from its origins, its potential as a mechanism for winding back imprisonment rates, and its portability to Australia, the United Kingdom and beyond. The authors analyze the principles and processes of justice reinvestment, including the early neighborhood focus on 'million dollar blocks'. They further scrutinize the claims of evidence-based and data-driven policy, which have been used in the practical implementation strategies featured in bipartisan legislative criminal justice system reforms. This book takes a comparative approach to justice reinvestment by examining the differences in political, legal and cultural contexts between the United States and Australia in particular. It argues for a community-driven approach, originating in vulnerable Indigenous communities with high imprisonment rates, as part of a more general movement for Indigenous democracy. While supporting a social justice approach, the book confronts significantly the problematic features of the politics of locality and community, the process of criminal justice policy transfer, and rationalist conceptions of policy. It will be essential reading for scholars, students and practitioners of criminal justice and criminal law.

Handbook of Indigenous Public Policy

Author : Sheryl Lightfoot,Sarah Maddison
Publisher : Edward Elgar Publishing
Page : 425 pages
File Size : 46,5 Mb
Release : 2024-02-12
Category : Social Science
ISBN : 9781800377011

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Handbook of Indigenous Public Policy by Sheryl Lightfoot,Sarah Maddison Pdf

This ground-breaking Handbook explores the key legal, political and policy questions concerning the implementation of Indigenous rights across the world. Expert contributors analyse the complex dynamics of contestation, engagement, advocacy and refusal between governments and Indigenous Peoples, presenting a profound challenge to mainstream policy scholarship.