Indigenous Courts, Self-Determination and Criminal Justice

Author: Valmaine Toki
Publisher: Routledge
ISBN: 1351239600
Category: Law
Page: 290
View: 8236
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.

Aboriginal Dispute Resolution

A Step Towards Self-determination and Community Autonomy
Author: Larissa Behrendt
Publisher: Federation Press
ISBN: 9781862871786
Category: Aboriginal Australians
Page: 115
View: 9396
Discusses the importance of Indigenous communities being able to implement their own models of dispute resolution which take into account traditional values and decision-making structures; proposes a model which could be adapted for use in traditional, rural and urban communities.


Indigenous Peoples and the Law
Author: Greta Bird,Gary Francis Martin,Jennifer Nielsen
Publisher: Federation Press
ISBN: 9781862871977
Category: Aboriginal Australians
Page: 298
View: 7149
A glance at the chapters in this book discloses issues of great importance to the Australian people. They include:self-determination for Aborigines claims of title to and compensation for loss of traditional lands the impact of British law on colonised peoples deaths in custody the Convention Concerning Indigenous and Tribal Peoples in Independent Countries criminal law after Mabo v Queensland (N0 2) incarceration of Aboriginal women intellectual property rights in indigenous art.These are issues which reflect the culture, the perceptions, the aspirations and concerns of Aboriginal people. As such, they are of importance to all Australians.It is my hope that this book will stimulate informed discourse which, in turn, will facilitate identification and resolution of unaddressed problems for the benefit of all Australians.Sir Gerard Brennan AC KBEChief Justice of Australia

Indigenous Crime and Settler Law

White Sovereignty after Empire
Author: H. Douglas,M. Finnane
Publisher: Springer
ISBN: 1137284986
Category: Law
Page: 280
View: 8912
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.

Community Policing in Indigenous Communities

Author: Mahesh K. Nalla,Graeme R. Newman
Publisher: CRC Press
ISBN: 1439888957
Category: Computers
Page: 396
View: 5855
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 Communities explores how these often deeply divided societies operate under the community policing paradigm. Drawing on the local expertise of policing practitioners and researchers across the globe, the book explores several themes with regard to each region: How community policing originated or evolved in the community and how it has changed over time The type of policing style used—whether informal or formal and uniformed or non-uniformed, whether partnerships are developed with local community organizations or businesses, and the extent of covert operations, if any The role played by community policing in the region, including the relative emphasis of calls for service, the extent to which advice and help is offered to citizens, whether local records are kept of citizen movement and locations, and investigation and arrest procedures The community’s special cultural or indigenous attributes that set it apart from other models of community policing Organizational attributes, including status in the "hierarchy of control" within the regional or national organization of policing The positive and negative features of community policing as it is practiced in the community Its effectiveness in reducing and or preventing crime and disorder The book demonstrates that community policing cannot be imposed from above without grassroots input from local citizens. It is a strategy—not simply for policing with consent—but for policing in contexts where there is often little, if any, consent. It is an aspirational practice aimed to help police and communities within contested contexts to recognize that positive gains can be made, enabling communities to live in relative safety.

Indigeneous Australians & The Law

Author: Martin Hinton
Publisher: Cavendish Australia
ISBN: 1843142767
Category: Law
Page: 248
View: 5915
This book concentrates on areas of the law which are currently of great importance to the indigenous Australians. The subjects covered include the legacy of colonialism; de-racialisation; empowerment,sentencing and the criminal justice system; native title; public health law; reconciliation and the constitution; self-determination; common law and customary law; and human rights. The aim of this book is to familiarise law students with the culture of the indigenous people of Australia and to stimulate an appreciation of the impact of the law in its various forms upon the indigenous people, the obstacles to their full participation in the community, and the rocky road to reconciliation. It is hoped that this book will in some small way contribute to reconciliation by placing students, in particular, in a position of greater understanding.

Aboriginal Justice and the Charter

Realizing a Culturally Sensitive Interpretation of Legal Rights
Author: David Milward
Publisher: UBC Press
ISBN: 077482459X
Category: Social Science
Page: 332
View: 8956
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. David Milward asks why Aboriginal communities seek reform and identifies 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 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.

Formen, die der kapitalistischen Produktion vorhergehen

Author: Karl Marx
Publisher: BoD – Books on Demand
ISBN: 3843043957
Category: Fiction
Page: 52
View: 3829
Karl Marx: Formen, die der kapitalistischen Produktion vorhergehen Auszug aus den ökonomischen Manuskripten der Jahre 1857/58, die erstmals 1939 unter dem Titel »Grundrisse der Kritik der politischen Ökonomie« veröffentlicht wurden (Moskau 1939). – Die eckigen Klammern bei Marx wurden durch geschweifte Klammern ersetzt. Vollständige Neuausgabe. Herausgegeben von Karl-Maria Guth. Berlin 2014. Textgrundlage ist die Ausgabe: Karl Marx, Friedrich Engels: Werke. Herausgegeben vom Institut für Marxismus-Leninismus beim ZK der SED, 43 Bände, Band 42, Berlin: Dietz-Verlag, 1983. Die Paginierung obiger Ausgabe wird in dieser Neuausgabe als Marginalie zeilengenau mitgeführt. Umschlaggestaltung von Thomas Schultz-Overhage. Gesetzt aus Minion Pro, 12 pt.

Criminal Justice in Diverse Communities

Author: Andrew John Goldsmith
Publisher: Federation Press
ISBN: 9781862873636
Category: Criminal justice, Administration of
Page: 190
View: 3704
Criminal Justice in Diverse Communities is a special issue (Volume 17 No 1) of the journal Law in Context. The contents are listed below. You can read the abstract for each chapter by clicking on its title.You can purchase a single copy of this issue through this page, or subscribe to the journal from the journal page.

Conflict, Politics and Crime

Aboriginal Communities and the Police
Author: Chris Cunneen
Publisher: Allen & Unwin
ISBN: 9781864487190
Category: Political Science
Page: 310
View: 9867
A thought-provoking analysis of how Indigenous people are policed and what effect this has on their communities.

Unfinished Dreams

Community Healing and the Reality of Aboriginal Self-government
Author: Wayne Warry
Publisher: University of Toronto Press
ISBN: 9780802079176
Category: Political Science
Page: 323
View: 4978
Anthropologist Wayne Warry argues that self-government can be realized only when individuals are secure in their cultural identity and can contribute to the transformation of their communities. Warry's notion of community healing involves efforts to rebuild the human foundations for self-governing Aboriginal societies. He uses case studies to illustrate the processes that are essential to self-government.

Genozid im Völkerrecht

Author: William A. Schabas
Publisher: N.A
ISBN: 9783930908882
Category: Convention on the Prevention and Punishment of the Crime of Genocide
Page: 792
View: 7712

Indigenous People and the Law in Australia

Author: Chris Cunneen,Terry Libesman
Publisher: Butterworth-Heinemann
Category: Aboriginal Australians
Page: 254
View: 1616
One in the 'Butterworths Legal Studies' series, this introductory text for students has been written to meet the requirements of the legal studies syllabus. Discusses key issues relating to Aboriginal and Torres Strait Islander people in the criminal justice system; land rights, the High Court decision in Mabo and subsequent Native Title legislation; the relationship between indigenous people and civil law. Analyses the historical and contemporary contexts of indigenous legal relations and considers Australia's obligations under international law. Student discussion questions are integrated throughout the text. Includes an index, bibliography and list of contact addresses in Australia.

Crime and Social Justice in Indian Country

Author: Marianne O. Nielsen,Karen Jarratt-Snider
Publisher: University of Arizona Press
ISBN: 081653781X
Category: Social Science
Page: 216
View: 326
Crime and Social Justice in Indian Country calls to attention the need for culturally appropriate research protocols and critical discussions of social and criminal justice in Indian Country. Contributors reflect on issues in three key areas: crime, social justice, and community responses to crime and justice issues. Each essay demonstrates how Indigenous communities are finding their own solutions for social justice, sovereignty, and self-determination.

Indigenous legal issues

commentary and materials
Author: Heather McRae,Garth Nettheim,Laura Beacroft
Publisher: Law Book Co Ltd
Category: Law
Page: 540
View: 4504
This book explores the legal issues arising from the coexistence in Australia of distinct societies with distinct laws. The authors share a belief that the law has contributed to the disadvantaged position of indigenous communities, but that the law also has a key role to play in the search for solutions towards reconciliation. The book examines the present socio-economic position of indigenous Australians & examines the successive phases of government policies. Other aspects covered in detail include the nature of indigenous laws, dispute resolution processes, the jurisprudence of colonialism, the survival/revival of indigenous political rights, land rights, native title, racial discrimination, criminal justice & child welfare. A final chapter surveys a number of outstanding issues of social justice & reconciliation.

Native American Justice

Author: Laurence French
Publisher: Rowman & Littlefield
ISBN: 9780830415755
Category: Games
Page: 244
View: 437
Tracing the history of U.S. Indian policy from the eighteenth century to the present, this book explores how the Euro-American ethos of Manifest Destiny fueled a devastating campaign of ethnic cleansing against Native Americans. After decimating the Indian population through organized massacres, the U.S. government forcibly removed the survivors from their homelands to live on reservations. Physical genocide gave way to attempts at cultural eradication through policies designed to Christianize and civilize the Indians. These policies included the traumatic separation of children from their families for indoctrination and abuse in remote boarding schools. Treaties and policies are linked to the concept of federal paternalism and its relationship to pervasive health and social problems endemic in Indian country, including substance abuse and addiction. The book is divided into three main parts. Part I covers the US government's treatment of Indians from the colonial era to the present. Part II describes how the Cherokees' aboriginal concept of blood vengeance gave way to justice models based on the Protestant ethic. Part II also discusses governmental restrictions of religious expression by Indians. Part III delves into the judicial system within Indian country, looking at tribal courts, the Navajo court system, law enforcement, and corrections. An epilogue covers the incompleteness of social justice in Indian country, as reflected in problems such as the misuse of Indian money by the federal government. A Burnham Publishers book

Aboriginal Self-government in Canada

Current Trends and Issues
Author: Yale Deron Belanger
Publisher: Purich Pub
Category: Political Science
Page: 429
View: 1297
"Building on the success of the first two editions, this volume briefly recaps the historical development and public acceptance of the concept of Aboriginal self-government, then proceeds to examine its theoretical underpinnings, the state of Aboriginal self-government in Canada today, and the many practical issues surrounding implementation. Topics addressed include: justice innovations, initiatives in health and education to grant greater Aboriginal control, financing and intergovernmental relations, Aboriginal-municipal government relations, developing effective Aboriginal leadership, Metis self-government aspirations, the intersection of women's rights and self-government, and international perspectives." (Cover)

University of British Columbia Law Review

Author: University of British Columbia
Publisher: N.A
Category: Law reviews
Page: N.A
View: 1355

Perceptions of justice

issues in indigenous and community empowerment
Author: Kayleen M. Hazlehurst
Publisher: N.A
ISBN: 9781859720790
Category: Law
Page: 281
View: 9674
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 politicalcontexts and relates them to practical concerns about the rights and aspirations of indigenous peoples for self-determination.With the objective of reducing the over-representation of indigenous people in crime statistics, international scholars and practitioners point to alternative strategies for community justice, crime prevention and social regeneration.They highlight the concerns of Native Canadians, New Zealand Maori and Australian Aboriginal people for local involvement in areas of social control and justice delivery and ways in which they are being achieved. Greater autonomy and empowerment of communities are shown to be the keys to effective reform.

Navajo Courts and Navajo Common Law

A Tradition of Tribal Self-governance
Author: Raymond Darrel Austin
Publisher: U of Minnesota Press
ISBN: 0816665354
Category: Social Science
Page: 268
View: 4973
The Navajo Nation court system is the largest and most established tribal legal system in the world. Since the landmark 1959 U.S. Supreme Court decision in Williams v. Lee that affirmed tribal court authority over reservation-based claims, the Navajo Nation has been at the vanguard of a far-reaching, transformative jurisprudential movement among Indian tribes in North America and indigenous peoples around the world to retrieve and use traditional values to address contemporary legal issues. A justice on the Navajo Nation Supreme Court for sixteen years, Justice Raymond D. Austin has been deeply involved in the movement to develop tribal courts and tribal law as effective means of modern self-government. He has written foundational opinions that have established Navajo common law and, throughout his legal career, has recognized the benefit of tribal customs and traditions as tools of restorative justice. In Navajo Courts and Navajo Common Law, Justice Austin considers the history and implications of how the Navajo Nation courts apply foundational Navajo doctrines to modern legal issues. He explains key Navajo foundational concepts like Hózhó (harmony), K'é (peacefulness and solidarity), and K'éí (kinship) both within the Navajo cultural context and, using the case method of legal analysis, as they are adapted and applied by Navajo judges in virtually every important area of legal life in the tribe. In addition to detailed case studies, Justice Austin provides a broad view of tribal law, documenting the development of tribal courts as important institutions of indigenous self-governance and outlining how other indigenous peoples, both in North America and elsewhere around the world, can draw on traditional precepts to achieve self-determination and self-government, solve community problems, and control their own futures.