Indigenous people and sentencing courts in Australia, New Zealand and Canada



Publication Details

Marchetti, E. and Downie, R. (2014). Indigenous people and sentencing courts in Australia, New Zealand and Canada. In S. M. Bucerius and M. Tonry (Eds.), The Oxford Handbook on Ethnicity, Crime and Immigration (pp. 360-385). USA: Oxford University Press.

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Oxford University Press - Canada

Additional Publication Information

ISBN: 9780199859016


Until recectly, the main participation or pressure that indigenous people have had with the mainstream criminal court systes has been as the "black" defendant. Judicial officers, defense lawyers, prosecutors, and other criminal justice agency representatives who are often present in a courtroom are usually white and Anglo-Saxon. This is, however, changing, and now the "black" defendant is sometimes confroted with people fro mhis or her community when having sentences determined or supervised. The impetus for such change has been the overrepresentation of indigenous people in the criminal justice system and in custody. It is assumed that community input and participation will make a court or justice process more meaningful for the offender, which will, in turn, ultimately assist in changing his or her behavior. This essay's focus is on the introduction of innovative indigenous-centered justice practices in Australia, Canada, and New Zealand.

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