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 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)

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.

Restorative Justice and Violence Against Women

Restorative Justice and Violence Against Women
Author: James Ptacek
Publisher: Oxford University Press
Total Pages: 311
Release: 2009-11-16
Genre: Social Science
ISBN: 0199714878

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Controversial and forward-thinking, this volume presents a much-needed analysis of restorative justice practices in cases of violence against women. Advocates, community activists, and scholars will find the theoretical perspectives and vivid case descriptions presented here to be invaluable tools for creating new ways for abused women to find justice.

Indigenous People, Crime and Punishment

Indigenous People, Crime and Punishment
Author: Thalia Anthony
Publisher: Routledge
Total Pages: 295
Release: 2013-07-24
Genre: Law
ISBN: 1134620551

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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.

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.

Unintended Consequences of Domestic Violence Law

Unintended Consequences of Domestic Violence Law
Author: Heather Nancarrow
Publisher: Springer Nature
Total Pages: 245
Release: 2019-09-07
Genre: Social Science
ISBN: 3030275000

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This book addresses the intersection of two current major concerns in Australia: law and justice responses to domestic violence - including harsher punitive measures - and the over-representation of Indigenous Australians in the criminal justice system, which are similar concerns in New Zealand, Canada and the US. Nancarrow re-conceptualises typologies of violence and provides a means of understanding and explaining female use of violence without undermining the hard-won gains of the women’s movement. It does, however, argue for a paradigm shift, which has implications for every aspect of the system we have built to stop men’s violence against women (law, police policy and practice, counselling and advocacy for victims, and interventions for those who perpetrate violence). The book is based on quantitative and qualitative research and explores the nature of Indigenous intimate partner violence and the types of violence that domestic violence law sought to address.

Restorative Justice and Family Violence

Restorative Justice and Family Violence
Author: Heather Strang
Publisher: Cambridge University Press
Total Pages: 304
Release: 2002-07-08
Genre: Family & Relationships
ISBN: 9780521521659

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This 2002 book addresses one of the most controversial topics in restorative justice: its potential for dealing with conflicts within families. Most restorative justice programs specifically exclude family violence as an appropriate offence to be dealt with this way. This book focuses on the issues in family violence that may warrant special caution about restorative justice, in particular, feminist and indigenous concerns. At the same time it looks for ways of designing a place for restorative interventions that respond to these concerns. Further, it asks whether there are ways that restorative processes can contribute to reducing and preventing family violence, to healing its survivors and to confronting the wellsprings of this violence. The book discusses the shortcomings of the present criminal justice response to family violence. It suggests that these shortcomings require us to explore other ways of addressing this apparently intractable problem.

Domestic Violence in Diverse Contexts

Domestic Violence in Diverse Contexts
Author: Sarah Wendt
Publisher: Routledge
Total Pages: 267
Release: 2014-09-15
Genre: Social Science
ISBN: 1317616510

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Overwhelmingly, it is women who are the victims of domestic violence and this book puts women’s experiences of domestic violence at its centre, whilst acknowledging their many diverse and complex identities. Concentrating on the various forms of domestic abuse and its occurrence and manifestations within different contexts, it argues that gender is centrally implicated in the unique factors that shape violence across all these areas. Individual chapters outline the experiences of: Mothers Older women Women with religious affiliations Refugee women Rural women Aboriginal women Women in same-sex relationships Women with intellectual disabilities. Exploring how domestic violence across varying contexts impacts on different women’s experiences and understandings of abuse, this innovative work draws on post-structural feminist theory and how these ideas view, and potentially allow, gendered explanations of domestic violence. Domestic Violence in Diverse Contexts is suitable for academics and researchers interested in issues around violence and gender.