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Author: Christophe Darmangeat Publisher: Rowman & Littlefield ISBN: 1793632324 Category : Social Science Languages : en Pages : 291
Book Description
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.
Author: Christophe Darmangeat Publisher: Rowman & Littlefield ISBN: 1793632324 Category : Social Science Languages : en Pages : 291
Book Description
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.
Author: Fiona Skyring Publisher: UWA Publishing ISBN: 9781921401633 Category : Aboriginal Australians Languages : en Pages : 468
Book Description
From its beginnings in the early 1970s, the Aboriginal Legal Service of Western Australia has been influential in national campaigns to address the legacies of dispossession and human rights abuses. It continues to play a central role in advocating for measures to address Aboriginal deaths in custody, land rights and stolen generations, not just in WA but as issues of national significance. A lively and multi-dimensional account, Justice: A History of the Aboriginal Legal Service of Western Australia shows the human face of some of the nations major social, political and legal reforms of the last four decades. It is the story of people determined to protect and defend the human rights of those Australians whose rights have been routinely abused.
Author: Rupert Ross Publisher: National Geographic Books ISBN: 0143055593 Category : Social Science Languages : en Pages : 0
Book Description
In his bestselling book Dancing with a Ghost, Rupert Ross began his exploration of Aboriginal approaches to justice and the visions of life that shape them. Returning to the Teachings takes this exploration further still. During a three-year secondment with Justice Canada, Ross travelled from the Yukon to Cape Breton Island, examining—and experiencing—the widespread Aboriginal preference for “peacemaker justice.” In this remarkable book, he invites us to accompany him as he moves past the pain and suffering that grip so many communities and into the exceptional promise of individual, family and community healing that traditional teachings are now restoring to Aboriginal Canada. He shares his confusion, frustrations and delights as Elders and other teachers guide him, in their unique and often puzzling ways, into ancient visions of Creation and our role with it. Returning to the Teachings is about Aboriginal justice and much more, speaking not only to our minds, but also to our hearts and spirits. Above all, it stands as a search for the values and visions that give life its significance and that any justice system, Aboriginal or otherwise, must serve and respect.
Author: David Milward Publisher: UBC Press ISBN: 0774824581 Category : Social Science Languages : en Pages : 332
Book Description
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.
Author: Justin Healey Publisher: ISBN: 9781925339901 Category : Languages : en Pages :
Book Description
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?
Author: Nicole Watson Publisher: Routledge ISBN: 1000401243 Category : History Languages : en Pages : 244
Book Description
This book is a collection of key legal decisions affecting Indigenous Australians, which have been re-imagined so as to be inclusive of Indigenous people’s stories, historical experience, perspectives and worldviews. In this groundbreaking work, Indigenous and non-Indigenous scholars have collaborated to rewrite 16 key decisions. Spanning from 1889 to 2017, the judgments reflect the trajectory of Indigenous people’s engagements with Australian law. The collection includes decisions that laid the foundation for the wrongful application of terra nullius and the long disavowal of native title. Contributors have also challenged narrow judicial interpretations of native title, which have denied recognition to Indigenous people who suffered the prolonged impacts of dispossession. Exciting new voices have reclaimed Australian law to deliver justice to the Stolen Generations and to families who have experienced institutional and police racism. Contributors have shown how judicial officers can use their power to challenge systemic racism and tell the stories of Indigenous people who have been dehumanised by the criminal justice system. The new judgments are characterised by intersectional perspectives which draw on postcolonial, critical race and whiteness theories. Several scholars have chosen to operate within the parameters of legal doctrine. Some have imagined new truth-telling forums, highlighting the strength and creative resistance of Indigenous people to oppression and exclusion. Others have rejected the possibility that the legal system, which has been integral to settler-colonialism, can ever deliver meaningful justice to Indigenous people.
Author: Kent Roach Publisher: McGill-Queen's Press - MQUP ISBN: 0773556451 Category : Social Science Languages : en Pages : 329
Book Description
In August 2016 Colten Boushie, a twenty-two-year-old Cree man from Red Pheasant First Nation, was fatally shot on a Saskatchewan farm by white farmer Gerald Stanley. In a trial that bitterly divided Canadians, Stanley was acquitted of both murder and manslaughter by a jury in Battleford with no visible Indigenous representation. In Canadian Justice, Indigenous Injustice Kent Roach critically reconstructs the Gerald Stanley/Colten Boushie case to examine how it may be a miscarriage of justice. Roach provides historical, legal, political, and sociological background to the case including misunderstandings over crime when Treaty 6 was negotiated, the 1885 hanging of eight Indigenous men at Fort Battleford, the role of the RCMP, prior litigation over Indigenous underrepresentation on juries, and the racially charged debate about defence of property and rural crime. Drawing on both trial transcripts and research on miscarriages of justice, Roach looks at jury selection, the controversial “hang fire” defence, how the credibility and beliefs of Indigenous witnesses were challenged on the stand, and Gerald Stanley's implicit appeals to self-defence and defence of property, as well as the decision not to appeal the acquittal. Concluding his study, Roach asks whether Prime Minister Justin Trudeau's controversial call to “do better” is possible, given similar cases since Stanley's, the difficulty of reforming the jury or the RCMP, and the combination of Indigenous underrepresentation on juries and overrepresentation among those victimized and accused of crimes. Informed and timely, Canadian Justice, Indigenous Injustice is a searing account of one case that provides valuable insight into criminal justice, racism, and the treatment of Indigenous peoples in Canada.
Author: John D. Whyte Publisher: Purich Publishing ISBN: 9781895830330 Category : Law Languages : en Pages : 0
Book Description
"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.
Author: Valmaine Toki Publisher: Routledge ISBN: 1351239600 Category : Law Languages : en Pages : 328
Book Description
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.
Author: Christophe Darmangeat
Author: Christophe Darmangeat
Author: Wanda D. McCaslin
Author: Fiona Skyring
Author: Rupert Ross
Author: David Milward
Author: Justin Healey
Author: Nicole Watson
Author: Kent Roach
Author: John D. Whyte
Author: Valmaine Toki