Sentencing Indigenous Offenders in Canada, Australia, and New Zealand

Anthony, T; Marchetti, E

Sentencing Indigenous Offenders in Canada, Australia, and New Zealand

Anthony, T

Marchetti, E

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Publisher:: Oxford University Press
Publication Type:: Chapter
Citation:: Oxford Handbooks Online: Criminology and Criminal Justice, 2016, pp. 1 - 30
Issue Date:: 2016

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Field	Value	Language
dc.contributor.author	Anthony, T https://orcid.org/0000-0002-0652-0731	en_US
dc.contributor.author	Marchetti, E	en_US
dc.contributor.editor	Tonry, M	en_US
dc.date.issued	2016	en_US
dc.identifier.citation	Oxford Handbooks Online: Criminology and Criminal Justice, 2016, pp. 1 - 30	en_US
dc.identifier.isbn	9780199935383	en_US
dc.identifier.uri	http://hdl.handle.net/10453/90589
dc.description.abstract	In common law countries that have been colonized, the colonized peoples are overrepresented in criminal justice statistics and in rates of incarceration. Sentencing laws and court processes have, for some time, undergone changes to reduce or address the continuing rise of indigenous over-incarceration. This essay focuses on three colonized common law countries: Canada, Australia, and New Zealand, in examining what legal strategies have been used to transform judicial reasoning and practice to take into account the particular experiences and circumstances of indigenous offenders. Whether these changes have improved the situation in practice is explored in this essay. The essay concludes by examining what role and responsibilities judicial officers should have in administering justice for peoples who have been, and continue to be, dispossessed of their culture, laws, and language by the process of colonization, and suggests directions for future research.	en_US
dc.publisher	Oxford University Press	en_US
dc.relation.ispartof	Oxford Handbooks Online: Criminology and Criminal Justice	en_US
dc.relation.isbasedon	10.1093/oxfordhb/9780199935383.013.39	en_US
dc.title	Sentencing Indigenous Offenders in Canada, Australia, and New Zealand	en_US
dc.type	Chapter
utslib.location	UK	en_US
utslib.for	1801 Law	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
pubs.organisational-group	/University of Technology Sydney/Strength - SIC - Strengthening Indigenous Communities
utslib.copyright.status	closed_access
pubs.consider-herdc	true	en_US
pubs.place-of-publication	UK	en_US
pubs.publication-status	Published	en_US

Abstract:

In common law countries that have been colonized, the colonized peoples are overrepresented in criminal justice statistics and in rates of incarceration. Sentencing laws and court processes have, for some time, undergone changes to reduce or address the continuing rise of indigenous over-incarceration. This essay focuses on three colonized common law countries: Canada, Australia, and New Zealand, in examining what legal strategies have been used to transform judicial reasoning and practice to take into account the particular experiences and circumstances of indigenous offenders. Whether these changes have improved the situation in practice is explored in this essay. The essay concludes by examining what role and responsibilities judicial officers should have in administering justice for peoples who have been, and continue to be, dispossessed of their culture, laws, and language by the process of colonization, and suggests directions for future research.

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http://hdl.handle.net/10453/90589