Crime, Aboriginality and the Decolonisation of Justice


Book Description

Crime, Aboriginality and the Decolonisation of Justice explores contemporary strategies which might reduce the extraordinary levels of imprisonment and victimisation suffered by Aboriginal people in Australia. These are problems that continue to rise despite numerous inquiries and reports. Harry Blagg disputes the relevance of the western, urban, criminological paradigm to the Aboriginal domain, and questions the application of both contemporary innovations such as restorative justice and mainstream models of policing. He also refutes allegations that Aboriginal customary laws condone violence against women and children, pointing to the wealth of research to the contrary, and suggests these laws contain considerable potential for renewal and healing. This book maintains that unresolved questions of colonisation, decolonisation and sovereignty lie at the heart of debates about criminal justice in post-colonial Australia. It explores the potential for 'hybrid' initiatives in the complex 'liminal' space between Aboriginal and non-Aboriginal domains, for example, Aboriginal community/night patrols, community justice groups, healing centres and Aboriginal courts. This new edition covers emerging issues such as Foetal Alcohol Spectrum Disorders (FASD) and reports on the consequences of the Commonwealth Government's contentious 'intervention' in remote Northern Territory communities in 2007.




Decolonising Criminology


Book Description

This book undertakes an exploratory exercise in decolonizing criminology through engaging postcolonial and postdisciplinary perspectives and methodologies. Through its historical and political analysis and place-based case studies, it challenges criminological inquiry by installing colonial structures of power at the centre of the contemporary criminological debate. This work unseats the Western nation-state as the singular point of departure for comparative criminological and socio-legal research. Decolonising Criminology argues that postcolonial and postdisciplinary critique can open up new pathways for criminological investigation. It builds on recent debates in criminology from outside of the Anglosphere. The authors deploy a number of heuristic devices, perspectives and theories generally ignored by criminologists of the Global North and engage perspectives concerned with articulating new decolonised epistemologies of the Global South. This book disputes the view that colonisation is a thing of the past and provides lessons for the Global North.




Decolonizing Law


Book Description

This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism. Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.




Criminal Laws


Book Description

For decades the Northern Territory's criminal law has stood at the jurisprudential frontier of Australia: grappling with a unique set of circumstances, almost entirely dominated by the situation of its Aboriginal people.This 2nd edition deals in detail with the sweeping changes introduced in 2005 by Part IIAA of the NT Criminal Code. These changes often mirror the Criminal Code (Cth), and have completely rewritten many of the NT Code's most significant provisions, including the law of murder, rape, and many serious offences against the person.The book covers procedure and all the major offences, together with public order offences and sentencing. It contains a separate chapter on Aboriginal people that deals with all the recent developments, including the Intervention, and a detailed chapter on the unique history of the Territory's criminal law.




Exploring Criminal Justice: The Essentials


Book Description

Exploring Criminal Justice: The Essentials provides an extensive overview of the American criminal justice system in a concise and accessible format. This engaging text examines the people and processes that make up the system and how they interact. It also covers the historic context and modern features of the criminal justice system and encourages students to think about how current events in crime affect their everyday lives. Important Notice: The digital edition of this book is missing some of the images or content found in the physical edition.




Indigenous Criminology


Book Description

Indigenous Criminology is the first book to explore indigenous peoples' contact with criminal justice systems comprehensively in a contemporary and historical context. Drawing on comparative indigenous material from North America, Australia, and New Zealand, it both addresses the theoretical underpinnings of a specific indigenous criminology and explores this concept's broader policy and practice implications for criminal justice at large. Leading criminologists specializing in indigenous peoples, Chris Cunneen and Juan Tauri argue for the importance of indigenous knowledge and methodologies in shaping this field and suggest that the concept of colonialism is fundamental to understanding contemporary problems of criminology, such as deaths in custody, high imprisonment rates, police brutality, and the high levels of violence in some indigenous communities. Prioritizing the voices of indigenous peoples, this book will make a significant and lasting contribution to the decolonizing of criminology.




Southern Criminology


Book Description

Criminology has focused mainly on problems of crime and violence in the large population centres of the Global North to the exclusion of the global countryside, peripheries and antipodes. Southern criminology is an innovative new approach that seeks to correct this bias. This book turns the origin stories of criminology, which simply assumed a global universality, on their head. It draws on a range of case studies to illustrate this point: tracing criminology’s long fascination with dangerous masculinities back to Lombroso’s theory of atavism, itself based on an orientalist interpretation of men of colour from the Global South; uncovering criminology’s colonial legacy, perhaps best exemplified by the over-representation of Indigenous peoples in settler societies drawn into the criminal justice system; analysing the ways in which the sociology of punishment literature has also been based on Northern theories, which assume that forms of penalty roll out from the Global North to the rest of the world; and making the case that the harmful effects of eco-crimes and global warming are impacting more significantly on the Global South. The book also explores how the coloniality of gender shapes patterns of violence in the Global South. Southern criminology is not a new sub-discipline within criminology, but rather a journey toward cognitive justice. It promotes a perspective that aims to invent methods and concepts that bridge global divides and enhance the democratisation of knowledge, more befitting of global criminology in the twenty-first century.




Penal Systems


Book Description

′Cavadino and Dignan′s Penal Systems: A Comparative Approach looks across national boundaries to see how penal systems differ and why. It is hands-down the most comprehensive and up-to-date book on the subject and should become a staple textbook for use in law and social science courses on comparative penal policy and practice′ - Michael H. Tonry, University of Minnesota ′This book is an important addition to the literature on punishment. It is a highly readable and very well researched overview of some of the major differences in punitiveness between neo-liberal, corporatist and social democratic countries... This is a major contribution to comparative penology by two of the leading authors in this field′ - Alison Liebling, Director of the Prisons Research Centre, UK ′A major and seminal work′ - David Downes, Professor Emeritus at the London School of Economics Penal Systems: A Comparative Approach is a comprehensive and original introduction to the comparative study of punishment. Analysing twelve countries, Cavadino and Dignan offer an integrated and theoretically rigorous approach to comparative penology. They draw upon material provided by a team of eminent penologists to produce an important and highly readable contribution to scholarship in this area. Early chapters introduce the reader to comparative penology, set out the theoretical framework and consider whether there is currently a ′global penal crisis′. Each country is then discussed in turn. Chapters on comparative youth justice and the privatization of prisons follow. Comparisons between countries are drawn within each chapter, giving the reader a synoptic and truly comparative vision of penality in different jurisdictions.




Colonial Justice in British India


Book Description

Colonial Justice in British India describes and examines the lesser-known history of white violence in colonial India. By foregrounding crimes committed by a mostly forgotten cast of European characters - planters, paupers, soldiers and sailors - Elizabeth Kolsky argues that violence was not an exceptional but an ordinary part of British rule in the subcontinent. Despite the pledge of equality, colonial legislation and the practices of white judges, juries and police placed most Europeans above the law, literally allowing them to get away with murder. The failure to control these unruly whites revealed how the weight of race and the imperatives of command imbalanced the scales of colonial justice. In a powerful account of this period, Kolsky reveals a new perspective on the British Empire in India, highlighting the disquieting violence that invariably accompanied imperial forms of power.




Aboriginal Justice and the Charter


Book Description

Aboriginal Justice and the Charter explores the tension between Aboriginal justice methods and the Canadian Charter of Rights and Freedoms, seeking practical ways to implement Aboriginal justice. David Milward examines nine legal rights guaranteed by the Charter and undertakes a thorough search for interpretations sensitive to Aboriginal culture. Much of the previous literature in this area has dealt with idealized notions of what Aboriginal justice might be. Here, David Milward strikes out into new territory to examine why Indigenous communities seek to explore different paths in this area, and to identify some of the applicable constitutional constraints. This book considers a number of specific areas of the criminal justice process in which Indigenous communities may wish to adopt different approaches, tests these approaches against constitutional imperatives, and offers practical proposals for reconciling the various matters at stake. Milward grapples with the difficult questions of how Aboriginal justice systems can be fair to its constituents while complying with the protections guaranteed all Canadians by the Charter.