Indigenous Courts Self Determination And Criminal Justice

Indigenous Courts, Self-Determination and Criminal Justice

Publisher : Routledge
Release Date : 2018-04-09
ISBN : 1351239600
Pages : 290 pages
Rating Book: 4.5/5 (351 users)

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Download or read book Indigenous Courts, Self-Determination and Criminal Justice written by Valmaine Toki and published by Routledge. This book was released on 2018-04-09 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Indigenous Courts, Culture and Partner Violence

by Elena Marchetti

Publisher : Springer
Release Date : 2019-03-30
ISBN : 1137580631
Pages : 214 pages
Rating Book: 4.3/5 (137 users)

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Download or read book Indigenous Courts, Culture and Partner Violence written by Elena Marchetti and published by Springer. This book was released on 2019-03-30 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Perceptions of Justice

by Kayleen M. Hazlehurst

Publisher : Aldershot [England] : Avebury
Release Date : 1995
ISBN :
Pages : 281 pages
Rating Book: 4.9/5 (39 users)

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Download or read book Perceptions of Justice written by Kayleen M. Hazlehurst and published by Aldershot [England] : Avebury. This book was released on 1995 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Perceptions of Justice documents common emerging experience in Canada, Australia and New Zealand of growing significance to policy-makers. This book places criminal justice issues in contemporary political contexts and relates them to practical concerns about the rights and aspirations of indigenous peoples for self-determination.

Indigenous Criminology

by Cunneen, Chris

Publisher : Policy Press
Release Date : 2016-07-27
ISBN : 1447321758
Pages : 176 pages
Rating Book: 4.4/5 (447 users)

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Download or read book Indigenous Criminology written by Cunneen, Chris and published by Policy Press. This book was released on 2016-07-27 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous Criminology comprehensively explores Indigenous people’s contact with criminal justice systems in a contemporary and historical context. It addresses both the theoretical underpinnings of the development of a specific Indigenous criminology, and canvasses the broader policy and practice implications for criminal justice.

Sentenced to Sovereignty

by Jeanette Gevikoglu

Publisher :
Release Date : 2011
ISBN :
Pages : pages
Rating Book: 4.8/5 (85 users)

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Download or read book Sentenced to Sovereignty written by Jeanette Gevikoglu and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In Canada, sentencing has been the target of reforming the criminal justice system with a view to alleviating the over-representation of indigenous people in the criminal justice system and the historic injustice perpetuated against indigenous communities through colonialism. My thesis explores how sentencing decisions from the Nunavut Court of Justice construct and shape Inuit identity in Nunavut. My research analyzes the sentencing decisions of the Nunavut Court of Justice since its creation in 1999. Using selected sentencing decisions as case studies, I interrogate how the Court uses notions of Inuit, Inuit culture, and Nunavut, both implicitly and explicitly. I show how rather than a tool for alleviating the historic injustice perpetuated against indigenous people through colonialism and systemic racism, the sentencing process perpetuates historic injustice through constructing binary, essentialized notions of Inuit identity. The consequences affect both the criminal justice system and the realization of indigenous self-determination. I conclude that as a result the Nunavut Court of Justice exemplifies an intractable dilemma facing the criminal justice system for indigenous people that sentencing reforms cannot solve. I suggest new ways of imagining criminal justice and indigenous self-determination that provide hope for a way out of the intractable dilemma.

Pedagogical Approaches to Intercultural Competence Development

by Christine E. Poteau

Publisher : Cambridge Scholars Publishing
Release Date : 2020-07-02
ISBN : 1527555607
Pages : 200 pages
Rating Book: 4.2/5 (527 users)

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Download or read book Pedagogical Approaches to Intercultural Competence Development written by Christine E. Poteau and published by Cambridge Scholars Publishing. This book was released on 2020-07-02 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalization has triggered an increased need to extend linguistic and cultural awareness into action from our daily encounters to our professional interactions. As our communities continuously grow into linguistically and culturally rich environments, so, too, should our pedagogical and research approaches. Specifically, this volume provides an overview of pedagogies and research methodologies that reflect the urgent need to develop intercultural competence in diverse professions including (but not limited to) law, medicine, business, foreign and second language instruction, and communications. The book re-examines and highlights pedagogical and research approaches to intercultural competence development across disciplines, paving the way to promote collaborative efforts and reassess the critical role of intercultural competence development in distinct fields.

Re-thinking the Political Economy of Immigration Control

by Lea Sitkin

Publisher : Routledge
Release Date : 2019-10-17
ISBN : 1317308344
Pages : 226 pages
Rating Book: 4.1/5 (317 users)

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Download or read book Re-thinking the Political Economy of Immigration Control written by Lea Sitkin and published by Routledge. This book was released on 2019-10-17 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a systematic exploration of the changing politics around immigration and the impact of resultant policy regimes on immigrant communities. It does so across a uniquely wide range of policy areas: immigration admissions, citizenship, internal immigration controls, labour market regulation, the welfare state and the criminal justice system. Challenging the current state of theoretical literature on the ‘criminalisation’ or ‘marginalisation’ of immigrants, this book examines the ways in which immigrants are treated differently in different national contexts, as well as the institutional factors driving this variation. To this end, it offers data on overall trends across 20 high-income countries, as well as more detailed case studies on the UK, Australia, the USA, Germany, Italy and Sweden. At the same time, it charts an emerging common regime of exploitation, which threatens the depiction of some countries as more inclusionary than others. The politicisation of immigration has intensified the challenge for policy-makers, who today must respond to populist calls for restrictive immigration policy whilst simultaneously heeding business groups’ calls for cheap labour and respecting legal obligations that require more liberal and welcoming policy regimes. The resultant policy regimes often have counterproductive effects, in many cases marginalising immigrant communities and contributing to the growth of underground and criminal economies. Finally, developments on the horizon, driven by technological progress, threaten to intensify distributional challenges. While these will make the politics around immigration even more fraught in coming decades, the real issue is not immigration but the loss of good jobs, which will have serious implications across all Western countries. This book will appeal to scholars and students of criminology, social policy, political economy, political sociology, the sociology of immigration and race, and migration studies.

Indigenous criminology

by Cunneen, Chris

Publisher : Policy Press
Release Date : 2016-07-27
ISBN : 1447321782
Pages : 176 pages
Rating Book: 4.4/5 (447 users)

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Download or read book Indigenous criminology written by Cunneen, Chris and published by Policy Press. This book was released on 2016-07-27 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Critical Criminology Companion

by Thalia Anthony

Publisher : Hawkins Press
Release Date : 2008
ISBN : 9781876067236
Pages : 336 pages
Rating Book: 4.6/5 (67 users)

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Download or read book The Critical Criminology Companion written by Thalia Anthony and published by Hawkins Press. This book was released on 2008 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together the major Australian and New Zealand theorists in Critical Criminology. The chapters represent the contribution of these authors in both their established work and their recent scholarship. It includes new approaches to theory, methodology, case studies and contemporary issues.

The Cambridge Handbook of Australian Criminology

by Adam Graycar

Publisher : Cambridge University Press
Release Date : 2002-06-20
ISBN : 9780521818452
Pages : 380 pages
Rating Book: 4.1/5 (818 users)

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Download or read book The Cambridge Handbook of Australian Criminology written by Adam Graycar and published by Cambridge University Press. This book was released on 2002-06-20 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the complete reference work on Australian criminology.

Crossroads of Rural Crime

by Alistair Harkness

Publisher : Emerald Group Publishing
Release Date : 2021-05-19
ISBN : 1800436467
Pages : 248 pages
Rating Book: 4.0/5 (8 users)

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Download or read book Crossroads of Rural Crime written by Alistair Harkness and published by Emerald Group Publishing. This book was released on 2021-05-19 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using the notion of ‘crossroads’ to provide a unique lens through which to examine the realities of rural crime, Crossroads of Rural Crime provides an understanding of the nature of rural life and ways in which transgression manifests itself in the context of a presumed rural-urban divide.

Race, Crime and Criminal Justice

by A. Kalunta-Crumpton

Publisher : Springer
Release Date : 2010-03-31
ISBN : 0230283950
Pages : 341 pages
Rating Book: 4.3/5 (23 users)

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Download or read book Race, Crime and Criminal Justice written by A. Kalunta-Crumpton and published by Springer. This book was released on 2010-03-31 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a focused and critical international overview of the intersections between race, crime perpetration and victimization, and criminal justice policy and practice responses to crime perpetration and crime victimization.

Community Policing in Indigenous Communities

by Mahesh K. Nalla

Publisher : CRC Press
Release Date : 2013-03-04
ISBN : 1439888957
Pages : 396 pages
Rating Book: 4.3/5 (439 users)

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Download or read book Community Policing in Indigenous Communities written by Mahesh K. Nalla and published by CRC Press. This book was released on 2013-03-04 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous communities are typically those that challenge the laws of the nation states of which they have become often very reluctantly a part. Around the world, community policing has emerged in many of these regions as a product of their physical environments and cultures. Through a series of case studies, Community Policing in Indigenous Commun

Green Crimes and International Criminal Law

by Regina M. Paulose

Publisher : Vernon Press
Release Date : 2021-07-06
ISBN : 1648892612
Pages : 364 pages
Rating Book: 4.4/5 (648 users)

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Download or read book Green Crimes and International Criminal Law written by Regina M. Paulose and published by Vernon Press. This book was released on 2021-07-06 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: ‘Green Crimes and International Criminal Law’ examines crimes against the environment, which impact not only humans, but also wildlife and ecosystems more generally. A significant point of discussion in the volume is whether green crimes can fit effectively into existing international criminal law frameworks or not. Chapter authors explore these crimes from both a definitional and theoretical perspective and in various contexts in different parts of the world, questioning whether these violations have led to or are violations of international criminal law. While the recognition of green crimes in the international criminal law community has been slow, it has increasingly gained widespread attention. This volume acknowledges the growing interest and seeks to promote debate among academics and professionals working on the subject. The aim of these texts is to encourage meaningful action around green crimes within the international criminal law community so that environmental justice can become established. The collection will be of particular interest to practicing attorneys and academics studying international criminal law, especially those keen on investigating how green crimes can be incorporated into the specific canon of international law.

Indigenous Crime and Settler Law

by H. Douglas

Publisher : Springer
Release Date : 2012-08-21
ISBN : 1137284986
Pages : 280 pages
Rating Book: 4.3/5 (137 users)

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Download or read book Indigenous Crime and Settler Law written by H. Douglas and published by Springer. This book was released on 2012-08-21 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

An Outline of the Recent History of Indonesian Criminal Law

by Han Bing Siong

Publisher : Springer
Release Date : 2014-11-14
ISBN : 9401749671
Pages : 75 pages
Rating Book: 4.0/5 (41 users)

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Download or read book An Outline of the Recent History of Indonesian Criminal Law written by Han Bing Siong and published by Springer. This book was released on 2014-11-14 with total page 75 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Disability, Criminal Justice and Law

by Linda Steele

Publisher : Routledge
Release Date : 2020-06-03
ISBN : 1351240315
Pages : 266 pages
Rating Book: 4.5/5 (351 users)

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Download or read book Disability, Criminal Justice and Law written by Linda Steele and published by Routledge. This book was released on 2020-06-03 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through theoretical and empirical examination of legal frameworks for court diversion, this book interrogates law’s complicity in the debilitation of disabled people. In a post-deinstitutionalisation era, diverting disabled people from criminal justice systems and into mental health and disability services is considered therapeutic, humane and socially just. Yet, by drawing on Foucauldian theory of biopolitics, critical legal and political theory and critical disability theory, Steele argues that court diversion continues disability oppression. It can facilitate criminalisation, control and punishment of disabled people who are not sentenced and might not even be convicted of any criminal offences. On a broader level, court diversion contributes to the longstanding phenomenon of disability-specific coercive intervention, legitimates prison incarceration and shores up the boundaries of foundational legal concepts at the core of jurisdiction, legal personhood and sovereignty. Steele shows that the United Nations Convention on the Rights of Persons with Disabilities cannot respond to the complexities of court diversion, suggesting the CRPD is of limited use in contesting carceral control and legal and settler colonial violence. The book not only offers new ways to understand relationships between disability, criminal justice and law; it also proposes theoretical and practical strategies that contribute to the development of a wider re-imagining of a more progressive and just socio-legal order. The book will be of interest to scholars and students of disability law, criminal law, medical law, socio-legal studies, disability studies, social work and criminology. It will also be of interest to disability, prisoner and social justice activists.