Indigenous Courts, Culture and Partner Violence

Indigenous Courts, Culture and Partner Violence
Author: Elena Marchetti
Publisher: Springer
Total Pages: 222
Release: 2019-03-30
Genre: Social Science
ISBN: 1137580631

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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 Courts, Self-Determination and Criminal Justice

Indigenous Courts, Self-Determination and Criminal Justice
Author: Valmaine Toki
Publisher: Routledge
Total Pages: 328
Release: 2018-04-09
Genre: Law
ISBN: 1351239600

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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 Sentencing Courts and Partner Violence

Indigenous Sentencing Courts and Partner Violence
Author: Elena Marchetti
Publisher:
Total Pages:
Release: 2010
Genre:
ISBN:

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Violence between intimate partners is one of the most common forms of violence in Indigenous communities; Indigenous sentencing courts and specialist family violence courts may be used to sentence Indigenous partner violence offenders; article explores the extent to which gendered power imbalances are present in Australian Indigenous sentencing court hearings concerning intimate partner violence (from abstract p. 263)

Indigeneity in the Courtroom

Indigeneity in the Courtroom
Author: Jennifer A. Hamilton
Publisher: Routledge
Total Pages: 233
Release: 2008-11-14
Genre: Law
ISBN: 1135864446

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The central question of this book is when and how does indigeneity in its various iterations – cultural, social, political, economic, even genetic – matter in a legal sense? Indigeneity in the Courtroom focuses on the legal deployment of indigenous difference in US and Canadian courts in the late 20th and early 21st centuries. Through ethnographic and historical research, Hamilton traces dimensions of indigeneity through close readings of four legal cases, each of which raises important questions about law, culture, and the production of difference. She looks at the realm of law, seeking to understand how indigeneity is legally produced and to apprehend its broader political and economic implications.

Sharing Our Stories of Survival

Sharing Our Stories of Survival
Author: Sarah Deer
Publisher: Rowman Altamira
Total Pages: 388
Release: 2008
Genre: Family & Relationships
ISBN: 9780759111257

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Sharing Our Stories of Survival is a comprehensive treatment of the socio-legal issues that arise in the context of violence against native women--written by social scientists, writers, poets, and survivors of violence.

Cruel But Not Unusual

Cruel But Not Unusual
Author: Ramona Alaggia
Publisher: Wilfrid Laurier Univ. Press
Total Pages: 495
Release: 2022-10-25
Genre: Family & Relationships
ISBN: 1771125365

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Picture family life in Canada. Does it include women or girls being murdered, on average, every two and a half days? Or the fact that intimate partner violence counts as nearly one-third of all reports to police? Or that child or elder abuse is more common than you might imagine? Written for students, instructors, practitioners, and advocates in all related fields, this expanded and updated third edition of Cruel But Not Unusual: Violence in Families in Canada offers the latest research, thinking, and strategies to address this hard reality in Canada today. Violence takes many forms inside relationships and families, and the systems charged with responding and helping can actually add to the harm, further isolating and endangering victims. Nowhere is this more evident than in intentionally marginalized communities, such as Indigenous, Black, people of colour, LGBTQI2S+, people with disabilities, and immigrant, refugee, and non-status women. From recommendations on resisting anti-Black state-sanctioned violence, to a call to action on partner abuse within LGBTQI2S+ communities, the book offers bold ideas for moving forward, highlighting the work of researchers and activists from these communities. Using a range of perspectives (feminist, trauma-informed, intersectional, anti-oppression) and including diverse couple and family relationships and settings (foster care, group homes, institutions), the contributors track violence across the life course, addressing the impact on the brain, trauma, coercive control, resilience, disclosing abuse, the MeToo movement, self-care, and providing practical case examples and guidelines for working with children, youth, adults, couples, families, and groups. The result is an authoritative source that offers new insights and approaches to inform understanding, policy, practice, and prevention.

Black Eyes All of the Time

Black Eyes All of the Time
Author: Anne McGillivray
Publisher: University of Toronto Press
Total Pages: 220
Release: 1999-01-01
Genre: Social Science
ISBN: 9780802080615

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Arising out of a 1995 Winnipeg study involving twenty-six Aboriginal women, this book is a compelling acount of the domestic violence they experienced, first as children and later as wives and mothers.

Demanding Justice and Security

Demanding Justice and Security
Author: Rachel Sieder
Publisher: Rutgers University Press
Total Pages: 441
Release: 2017-06-16
Genre: Political Science
ISBN: 0813587948

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Across Latin America, indigenous women are organizing to challenge racial, gender, and class discrimination through the courts. Collectively, by engaging with various forms of law, they are forging new definitions of what justice and security mean within their own contexts and struggles. They have challenged racism and the exclusion of indigenous people in national reforms, but also have challenged ‘bad customs’ and gender ideologies that exclude women within their own communities. Featuring chapters on Bolivia, Colombia, Ecuador, Guatemala, and Mexico, the contributors to Demanding Justice and Security include both leading researchers and community activists. From Kichwa women in Ecuador lobbying for the inclusion of specific clauses in the national constitution that guarantee their rights to equality and protection within indigenous community law, to Me’phaa women from Guerrero, Mexico, battling to secure justice within the Inter-American Court of Human Rights for violations committed in the context of militarizing their home state, this book is a must-have for anyone who wants to understand the struggle of indigenous women in Latin America.

Handbook of Indigenous Public Policy

Handbook of Indigenous Public Policy
Author: Sheryl Lightfoot
Publisher: Edward Elgar Publishing
Total Pages: 425
Release: 2024-02-12
Genre: Social Science
ISBN: 1800377010

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This ground-breaking Handbook explores the key legal, political and policy questions concerning the implementation of Indigenous rights across the world. Expert contributors analyse the complex dynamics of contestation, engagement, advocacy and refusal between governments and Indigenous Peoples, presenting a profound challenge to mainstream policy scholarship.