Indigenous Courts Self Determination And Criminal Justice

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Indigenous Courts, Self-Determination and Criminal Justice

Author : Valmaine Toki
Publisher : Routledge
ISBN 13 : 1351239600
Total Pages : 290 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis Indigenous Courts, Self-Determination and Criminal Justice by : Valmaine Toki

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 criminology

Author : Cunneen, Chris
Publisher : Policy Press
ISBN 13 : 1447321790
Total Pages : 176 pages
Book Rating : 4.4/5 (473 download)

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Book Synopsis Indigenous criminology by : Cunneen, Chris

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.

Criminal Justice in Native America

Author : Marianne O. Nielsen
Publisher : University of Arizona Press
ISBN 13 : 9780816526536
Total Pages : 260 pages
Book Rating : 4.5/5 (265 download)

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Book Synopsis Criminal Justice in Native America by : Marianne O. Nielsen

Download or read book Criminal Justice in Native America written by Marianne O. Nielsen and published by University of Arizona Press. This book was released on 2009-04-09 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Native Americans are disproportionately represented as offenders in the U.S. criminal justice system. However, until recently there was little investigation into the reasons. Furthermore, there has been little acknowledgment of the positive contributions of Native Americans to the criminal justice system- in rehabilitating offenders, aiding victims, and supporting service providers. This book offers a valuable and contemporary overview of how the American criminal justice system impacts Native Americans on both sides of the law. Contributors- many of whom are Native Americans- rank among the top scholars in their fields. Some of the chapters treat broad subjects, including crime, police, courts, victimization, corrections, and jurisdiction. Others delve into more specific topics, including hate crimes against Native Americans, state-corporate crimes against Native Americans, tribal peacemaking, and cultural stresses of police officers. Separate chapters are devoted to women and juveniles.

Justice, Indigenous Peoples, and Canada

Author : Kathryn M. Campbell
Publisher : Taylor & Francis
ISBN 13 : 0429665156
Total Pages : 263 pages
Book Rating : 4.4/5 (296 download)

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Book Synopsis Justice, Indigenous Peoples, and Canada by : Kathryn M. Campbell

Download or read book Justice, Indigenous Peoples, and Canada written by Kathryn M. Campbell and published by Taylor & Francis. This book was released on 2023-12-19 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice, Indigenous Peoples, and Canada: A History of Courage and Resilience brings together the work of a number of leading researchers to provide a broad overview of criminal justice issues that Indigenous people in Canada have faced historically and continue to face today. Both Indigenous and Canadian scholars situate current issues of justice for Indigenous peoples, broadly defined, within the context of historical realities and ongoing developments. By examining how justice is defined, both from within Indigenous communities and outside of them, this volume examines the force of Constitutional reform and subsequent case law on Indigenous rights historically and in contemporary contexts. It then expands the discussion to include theoretical considerations, particularly settler colonialism, that help explain how ongoing oppressive and assimilationist agendas continue to affect how so-called "justice" is administered. From a critical perspective, the book examines the operation of the criminal justice system, through bail, specialized courts, policing, sentencing, incarceration and release. It explores legal frameworks as well as current issues that have significantly affected Indigenous peoples, such as the Truth and Reconciliation Commission, the Inquiry into Missing and Murdered Indigenous Women and Girls, human rights, resurgence and identity. This unique collection of perspectives exposes the disconcerting agenda of historical and modern-day Canadian federal government policy and the continued denial of Indigenous rights to self-determination. It is essential reading for those interested in the struggles of the Indigenous peoples in Canada as well as anyone studying race, crime and justice.

Breaking Down the Walls

Author : Jim Harding
Publisher : [Regina] : Prairie Justice Research, University of Regina
ISBN 13 : 9780773101913
Total Pages : 108 pages
Book Rating : 4.1/5 (19 download)

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Book Synopsis Breaking Down the Walls by : Jim Harding

Download or read book Breaking Down the Walls written by Jim Harding and published by [Regina] : Prairie Justice Research, University of Regina. This book was released on 1991 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Wise Practices

Author : Robert Hamilton
Publisher : University of Toronto Press
ISBN 13 : 1487525656
Total Pages : 385 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis Wise Practices by : Robert Hamilton

Download or read book Wise Practices written by Robert Hamilton and published by University of Toronto Press. This book was released on 2021 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the relationship between Indigenous self-determination - specifically practices of law and governance - and Indigenous social and economic development.

Traditional, National, and International Law and Indigenous Communities

Author : Marianne O. Nielsen
Publisher : University of Arizona Press
ISBN 13 : 0816541302
Total Pages : 225 pages
Book Rating : 4.8/5 (165 download)

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Book Synopsis Traditional, National, and International Law and Indigenous Communities by : Marianne O. Nielsen

Download or read book Traditional, National, and International Law and Indigenous Communities written by Marianne O. Nielsen and published by University of Arizona Press. This book was released on 2020-05-05 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of the Indigenous Justice series explores the global effects of marginalizing Indigenous law. The essays in this book argue that European-based law has been used to force Indigenous peoples to assimilate, has politically disenfranchised Indigenous communities, and has destroyed traditional Indigenous social institutions. European-based law not only has been used as a tool to infringe upon Indigenous human rights, it also has been used throughout global history to justify environmental injustices, treaty breaking, and massacres. The research in this volume focuses on the resurgence of traditional law, tribal–state relations in the United States, laws that have impacted Native American women, laws that have failed to protect Indigenous sacred sites, the effect of international conventions on domestic laws, and the role of community justice organizations in operationalizing international law. While all of these issues are rooted in colonization, Indigenous peoples are using their own solutions to demonstrate the resilience, persistence, and innovation of their communities. With chapters focusing on the use and misuse of law as it pertains to Indigenous peoples in North America, Latin America, Canada, Australia, and New Zealand, this book offers a wide scope of global injustice. Despite proof of oppressive legal practices concerning Indigenous peoples worldwide, this book also provides hope for amelioration of colonial consequences.

Perceptions of Justice

Author : Kayleen M. Hazlehurst
Publisher : Aldershot [England] : Avebury
ISBN 13 :
Total Pages : 312 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Perceptions of Justice by : Kayleen M. Hazlehurst

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 312 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.

Aboriginal Human Rights, the Criminal Justice System and the Search for Solutions

Author : Luke McNamara
Publisher :
ISBN 13 : 9780731515875
Total Pages : 49 pages
Book Rating : 4.5/5 (158 download)

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Book Synopsis Aboriginal Human Rights, the Criminal Justice System and the Search for Solutions by : Luke McNamara

Download or read book Aboriginal Human Rights, the Criminal Justice System and the Search for Solutions written by Luke McNamara and published by . This book was released on 1993 with total page 49 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Indigenous Legal Traditions

Author : Law Commission of Canada
Publisher : UBC Press
ISBN 13 : 077484373X
Total Pages : 189 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Indigenous Legal Traditions by : Law Commission of Canada

Download or read book Indigenous Legal Traditions written by Law Commission of Canada and published by UBC Press. This book was released on 2008-01-01 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Indigenous Peoples' Access to Justice, Including Truth and Reconciliation Processes

Author : Wilton Littlechild
Publisher :
ISBN 13 : 9780615967677
Total Pages : pages
Book Rating : 4.9/5 (676 download)

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Book Synopsis Indigenous Peoples' Access to Justice, Including Truth and Reconciliation Processes by : Wilton Littlechild

Download or read book Indigenous Peoples' Access to Justice, Including Truth and Reconciliation Processes written by Wilton Littlechild and published by . This book was released on 2014-04-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Indigenous Courts, Culture and Partner Violence

Author : Elena Marchetti
Publisher : Springer
ISBN 13 : 1137580631
Total Pages : 222 pages
Book Rating : 4.1/5 (375 download)

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Book Synopsis Indigenous Courts, Culture and Partner Violence by : Elena Marchetti

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 222 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.

Indigenous Justice

Author : Jennifer Hendry
Publisher : Springer
ISBN 13 : 1137606452
Total Pages : 232 pages
Book Rating : 4.1/5 (376 download)

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Book Synopsis Indigenous Justice by : Jennifer Hendry

Download or read book Indigenous Justice written by Jennifer Hendry and published by Springer. This book was released on 2018-05-18 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly topical collection of essays addresses contemporary issues facing Indigenous communities from a broad range of multi- and interdisciplinary perspectives. Drawing from across the social sciences and humanities, this important volume challenges the established norms, theories, and methodologies within the field, and argues for the potential of a multidimensional approach to solving problems of Indigenous justice. Stemming from an international conference on ‘Spaces of Indigenous Justice’, Indigenous Justice is richly illustrated with case studies and comprises contributions from scholars working across the fields of law, socio-legal studies, sociology, public policy, politico-legal theory, and Indigenous studies. As such, the editors of this timely and engaging volume draw upon a wide range of experience to argue for a radical shift in how we engage with Indigenous studies.

Aboriginal Peoples and the Justice System

Author : Canada. Royal Commission on Aboriginal Peoples
Publisher : Royal Commission
ISBN 13 :
Total Pages : 528 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Aboriginal Peoples and the Justice System by : Canada. Royal Commission on Aboriginal Peoples

Download or read book Aboriginal Peoples and the Justice System written by Canada. Royal Commission on Aboriginal Peoples and published by Royal Commission. This book was released on 1993 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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."--

Navajo Courts and Navajo Common Law

Author : Raymond Darrel Austin
Publisher : U of Minnesota Press
ISBN 13 : 0816665354
Total Pages : 295 pages
Book Rating : 4.8/5 (166 download)

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Book Synopsis Navajo Courts and Navajo Common Law by : Raymond Darrel Austin

Download or read book Navajo Courts and Navajo Common Law written by Raymond Darrel Austin and published by U of Minnesota Press. This book was released on 2009 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Indigenous People, Crime and Punishment

Author : Thalia Anthony
Publisher : Routledge
ISBN 13 : 1134620489
Total Pages : 273 pages
Book Rating : 4.1/5 (346 download)

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Book Synopsis Indigenous People, Crime and Punishment by : Thalia Anthony

Download or read book Indigenous People, Crime and Punishment written by Thalia Anthony and published by Routledge. This book was released on 2013-07-24 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous People, Crime and Punishment examines criminal sentencing courts’ changing characterisations of Indigenous peoples’ identity, culture and postcolonial status. Focusing largely on Australian Indigenous peoples, but drawing also on the Canadian experiences, Thalia Anthony critically analyses how the judiciary have interpreted Indigenous difference. Through an analysis of Indigenous sentencing remarks over a fifty year period in a number of jurisdictions, the book demonstrates how judicial discretion is moulded to dominant white assumptions about Indigeneity. More specifically, Indigenous People, Crime and Punishment shows how the increasing demonisation of Indigenous criminality and culture in sentencing has turned earlier ‘gains’ in the legal recognition of Indigenous peoples on their head. The recognition of Indigenous difference is thereby revealed as a pliable concept that is just as likely to remove concessions as it is to grant them. Indigenous People, Crime and Punishment suggests that Indigenous justice requires a two-way recognition process where Indigenous people and legal systems are afforded greater control in sentencing, dispute resolution and Indigenous healing.

Aboriginal Justice and the Charter

Author : David Milward
Publisher : UBC Press
ISBN 13 : 0774824581
Total Pages : 332 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Aboriginal Justice and the Charter by : David Milward

Download or read book Aboriginal Justice and the Charter written by David Milward and published by UBC Press. This book was released on 2012-11-16 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.