Indigenous Courts, Self-Determination and Criminal Justice

Author: Valmaine Toki
Publisher: Routledge
ISBN: 1351239600
Category: Law
Page: 290
View: 9522
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

Author: Elena Marchetti
Publisher: Springer
ISBN: 1137580631
Page: N.A
View: 5997

Indigenous Crime and Settler Law

White Sovereignty after Empire
Author: H. Douglas,M. Finnane
Publisher: Springer
ISBN: 1137284986
Category: Law
Page: 280
View: 8606
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: 3855
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.

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: 6096
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.

Indigeneous Australians & The Law

Author: Martin Hinton
Publisher: Cavendish Australia
ISBN: 1843142767
Category: Law
Page: 248
View: 9653
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.

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: 412
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.

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: 9823
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.

Indigenous legal issues

commentary and materials
Author: Heather McRae,Garth Nettheim,Laura Beacroft
Publisher: Law Book Co Ltd
Category: Law
Page: 540
View: 1327
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.

Beyond the Nass Valley

National Implications of the Supreme Court's Delgamuukw Decision
Author: Owen Lippert
Publisher: The Fraser Institute
ISBN: 0889752060
Category: Law
Page: 544
View: 7167
On December 11th 1997, then Chief Justice Antonio Lamer of the Supreme Court of Canada radically rewrote how the law requires the resolution of Aboriginal land claims. His decision in the long-running case, Delgamuukw vs. British Columbia, expanded the substance of Aboriginal title and created new ways to determine its presence, including oral testimony. Though the case originated in British Columbia, it has the potential to influence all regions of Canada. In July 1998 and April 1999, the Fraser Institute held conferences to explore the national implications of the decisions. Thirty top law professors, economists, and researchers contributed papers now brought together in this volume, bringing together the Native and non-Native perspectives on the topic.

Environmental Justice and the Rights of Indigenous Peoples

International and Domestic Legal Perspectives
Author: Laura Westra
Publisher: Earthscan
ISBN: 1849771170
Category: Law
Page: 365
View: 7468
More than 300 million people in over 70 countries make up the world�s indigenous populations. Yet despite ever-growing pressures on their lands, environment and way of life through outside factors such as climate change and globalization, their rights in these and other respects are still not fully recognized in international law.In this incisive book, Laura Westra deftly reveals the lethal effects that damage to ecological integrity can have on communities. Using examples in national and international case law, she demonstrates how their lack of sufficient legal rights leaves indigenous peoples defenceless, time and again, in the face of governments and businesses who have little effective incentive to consult with them (let alone gain their consent) in going ahead with relocations, mining plans and more. The historical background and current legal instruments are discussed and, through examples from the Americas, Africa, Oceania and the special case of the Arctic, a picture emerges of how things must change if indigenous communities are to survive. It is a warning to us all from the example of those who live most closely in tune with nature and are the first to feel the impact when environmental damage goes unchecked.

Aboriginal self-government in Australia and Canada

Author: Bradford Wilmot Morse
Publisher: N.A
Category: Aboriginal Australians
Page: 130
View: 2845

Crime and Deviance in Canada

Historical Perspectives
Author: Christopher Ray McCormick,Len Green
Publisher: Canadian Scholars’ Press
ISBN: 1551302748
Category: History
Page: 386
View: 6190
This unique and timely reader brings together twenty-four of the very best and most controversial readings on the history of crime, deviance, and criminal justice in Canada. This text is ideal for use in courses on introductory criminology, crime and deviance, or the Canadian justice system, particularly those with an historical component. The theme of power relations is a very strong, unifying element--that is, relations of gender, social class, ethnicity, and age. Through such topics as prostitution, prohibition, youth courts, and the regulation of sexuality, we can trace these relations of power and how they link to the definition of crime in society.

Conflict, Politics and Crime

Aboriginal Communities and the Police
Author: Chris Cunneen
Publisher: Allen & Unwin
ISBN: 9781864487190
Category: Political Science
Page: 310
View: 2673
A thought-provoking analysis of how Indigenous people are policed and what effect this has on their communities.

Rebuilding Native Nations

Strategies for Governance and Development
Author: Miriam Jorgensen
Publisher: University of Arizona Press
ISBN: 9780816524235
Category: Social Science
Page: 363
View: 5373
A revolution is underway among the Indigenous nations of North America. It is a quiet revolution, largely unnoticed in society at large. But it is profoundly important. From High Plains states and Prairie Provinces to southwestern deserts, from Mississippi and Oklahoma to the northwest coast of the continent, Native peoples are reclaiming their right to govern themselves and to shape their future in their own ways. Challenging more than a century of colonial controls, they are addressing severe social problems, building sustainable economies, and reinvigorating Indigenous cultures. In effect, they are rebuilding their nations according to their own diverse and often innovative designs. Produced by the Native Nations Institute for Leadership, Management, and Policy at the University of Arizona and the Harvard Project on American Indian Economic Development, this book traces the contours of that revolution as Native nations turn the dream of self-determination into a practical reality. Part report, part analysis, part how-to manual for Native leaders, it discusses strategies for governance and community and economic development being employed by American Indian nations and First Nations in Canada as they move to assert greater control over their own affairs. Rebuilding Native Nations provides guidelines for creating new governance structures, rewriting constitutions, building justice systems, launching nation-owned enterprises, encouraging citizen entrepreneurs, developing new relationships with non-Native governments, and confronting the crippling legacies of colonialism. For nations that wish to join that revolution or for those who simply want to understand the transformation now underway across Indigenous North America, this book is a critical resource. CONTENTS Foreword by Oren Lyons Editor's Introduction Part 1 Starting Points 1. Two Approaches to the Development of Native Nations: One Works, the Other Doesn't Stephen Cornell and Joseph P. Kalt 2. Development, Governance, Culture: What Are They and What Do They Have to Do with Rebuilding Native Nations? Manley A. Begay, Jr., Stephen Cornell, Miriam Jorgensen, and Joseph P. Kalt Part 2 Rebuilding the Foundations 3. Remaking the Tools of Governance: Colonial Legacies, Indigenous Solutions Stephen Cornell 4. The Role of Constitutions in Native Nation Building: Laying a Firm Foundation Joseph P. Kalt 5 . Native Nation Courts: Key Players in Nation Rebuilding Joseph Thomas Flies-Away, Carrie Garrow, and Miriam Jorgensen 6. Getting Things Done for the Nation: The Challenge of Tribal Administration Stephen Cornell and Miriam Jorgensen Part 3 Reconceiving Key Functions 7. Managing the Boundary between Business and Politics: Strategies for Improving the Chances for Success in Tribally Owned Enterprises Kenneth Grant and Jonathan Taylor 8. Citizen Entrepreneurship: An Underutilized Development Resource Stephen Cornell, Miriam Jorgensen, Ian Wilson Record, and Joan Timeche 9. Governmental Services and Programs: Meeting Citizens' Needs Alyce S. Adams, Andrew J. Lee, and Michael Lipsky 10. Intergovernmental Relationships: Expressions of Tribal Sovereignty Sarah L. Hicks Part 4 Making It Happen 11. Rebuilding Native Nations: What Do Leaders Do? Manley A. Begay, Jr., Stephen Cornell, Miriam Jorgensen, and Nathan Pryor 12. Seizing the Future: Why Some Native Nations Do and Others Don't Stephen Cornell, Miriam Jorgensen, Joseph P. Kalt, and Katherine Spilde Contreras Afterword by Satsan (Herb George) References About the Contributors Index

Between Indigenous and Settler Governance

Author: Lisa Ford
Publisher: Routledge
ISBN: 0415699703
Category: History
Page: 226
View: 8355
Between Indigenous and Settler Governance addresses the history, current development and future of Indigenous self-governance in four settler-colonial nations: Australia, Canada, New Zealand and the United States. Bringing together emerging scholars and leaders in the field of indigenous law and legal history, this collection offers a long-term view of the legal, political and administrative relationships between Indigenous collectivities and nation-states. Placing historical contingency and complexity at the center of analysis, the papers collected here examine in detail the process by which settler states both dissolved indigenous jurisdictions and left spaces – often unwittingly – for indigenous survival and corporate recovery. They emphasise the promise and the limits of modern opportunities for indigenous self-governance; whilst showing how all the players in modern settler colonialism build on a shared and multifaceted past. Indigenous tradition is not the only source of the principles and practices of indigenous self-determination; the essays in this book explore some ways that the legal, philosophical and economic structures of settler colonial liberalism have shaped opportunities for indigenous autonomy. Between Indigenous and Settler Governance will interest all those concerned with Indigenous peoples in settler-colonial nations.

Crime, Justice and Social Democracy

International Perspectives
Author: K. Carrington,M. Ball,E. O'Brien,J. Tauri
Publisher: Springer
ISBN: 1137008695
Category: Political Science
Page: 365
View: 3783
This is a provocative collection of timely reflections on the state of social democracy and its inextricable links to crime and justice. Authored by some of the world's leading thinkers from the UK, US, Canada and Australia, the volume provides an understanding of socially sustainable societies.

University of British Columbia Law Review

Author: University of British Columbia
Publisher: N.A
Category: Law reviews
Page: N.A
View: 4161

International Society and its Critics

Author: Alex J. Bellamy
Publisher: OUP Oxford
ISBN: 9780191532702
Category: Political Science
Page: 352
View: 9087
In recent years, the English School or international society approach to International Relations has risen to prominence because its theories and concepts seem able to help us explain some of the most complex and seemingly paradoxical features of contemporary world politics. In doing so, the approach has attracted a variety of criticisms from both ends of the political spectrum. Some argue that the claim that states form an international society is premature in an era of terror where power politics and the use of force have returned to the fore. Others insist that international society's state-centrism make it an inherently conservative approach unable to address many of the world's most pressing problems. International Society and its Critics provides the first in-depth study of the English School approach to International Relations from a variety of different theoretical and practical perspectives. Sixteen leading scholars from three continents critically evaluate the School's contribution to the study of international theory and history; consider its relationship with a variety of alternative perspectives including international political economy, feminism, environmentalism, and critical security studies; and assess how the approach can help us to make sense of the big issues of the day such as terrorism, the management of cultural difference, global governance, the ethics of coercion, and the role of international law. They find that whilst the concept of international society helps to shed light on many of the important tensions in world politics, much work still needs to be done. In particular, the approach needs to broaden its empirical scope to incorporate more of the issues and actors that shape global politics; draw upon other theoretical traditions to improve its explanations of change in world politics; and recognize the complex and multi-layered nature of the contemporary world.