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.

Criminal Justice in Native America

Criminal Justice in Native America
Author: Marianne O. Nielsen
Publisher: University of Arizona Press
Total Pages: 260
Release: 2009-04-09
Genre: Social Science
ISBN: 9780816526536

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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.

Wise Practices

Wise Practices
Author: Robert Hamilton
Publisher: University of Toronto Press
Total Pages: 385
Release: 2021
Genre: Autonomy
ISBN: 1487525656

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This volume explores the relationship between Indigenous self-determination - specifically practices of law and governance - and Indigenous social and economic development.

Navajo Courts and Navajo Common Law

Navajo Courts and Navajo Common Law
Author: Raymond Darrel Austin
Publisher: U of Minnesota Press
Total Pages: 295
Release: 2009
Genre: Social Science
ISBN: 0816665354

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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 Criminology

Indigenous Criminology
Author: Chris Cunneen
Publisher: Policy Press
Total Pages: 216
Release: 2016-07-27
Genre: Social Science
ISBN: 1447321790

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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.

Access to Justice and the Protection of Indigenous Peoples

Access to Justice and the Protection of Indigenous Peoples
Author:
Publisher:
Total Pages: 0
Release: 2018
Genre:
ISBN:

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Restorative Justice Note # 3 Access to Justice and the Protection of Indigenous Peoples In its study on "access to justice in the promotion and protection of the rights of Indigenous peoples", the Expert Mechanism on the Rights of Indigenous Peoples, emphasized that the cultural rights of Indigenous peoples include recognition and practice of their justice systems, as well as recognition of their [...] When Indigenous persons are victims of crime, they are less likely to report the incident to the authorities, and the response of the justice system is often quite problematic. [...] Nevertheless, the participatory nature of restorative justice, along with its frequent similarities to customary law, suggests that it may provide a vehicle to support the use of Indigenous justice systems and hence facilitate Indigenous self-determination.2 The preamble to the United Nations Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters recognizes that restorat [...] Access to justice in the promotion and protection of the rights of Indigenous peoples. [...] Access to justice in the promotion and protection of the rights of Indigenous people: Restorative justice, Indigenous juridical systems and access to justice for Indigenous women, children and youth, and persons with disabilities, A/HRC/27/65.

Aboriginal Justice and the Charter

Aboriginal Justice and the Charter
Author: David Milward
Publisher: UBC Press
Total Pages: 332
Release: 2012-11-16
Genre: Social Science
ISBN: 0774824581

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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.

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.

At the Edge of the State: Indigenous Peoples and Self Determination

At the Edge of the State: Indigenous Peoples and Self Determination
Author: Maivân Lâm
Publisher: BRILL
Total Pages: 258
Release: 2021-10-25
Genre: Law
ISBN: 9004478728

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Focusing on issues raised by the U.N. Working Group on Indigenous Peoples, this study reveals the obstacles to self-determination for these peoples in all parts of the world. The author argues, using both legal and social theory, that the right of self-determination can be available to indigenous peoples, and proposes measures that the UN might institute to oversee the realization of this right. Published under the Transnational Publishers imprint.