Indigenous People, Crime and Punishment

ISBN-13: 9780415831598 / Angielski / Miękka / 2015 / 272 str.

Thalia Anthony;¬Abar;¬Abar

Opis

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 referring also to the Canadian and New Zealand experiences, Thalia Anthony critically analyzes how the judiciary have interpreted Indigenous difference. Through an analysis of Indigenous sentencing decisions and remarks over a fifty year period in a number of jurisdictions, the book demonstrates how discretion is moulded to cultural 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 rights as it is to grant them.

Spis treści

Introduction: Re-imagining the Indigenous criminal; Chapter One: Control metaphors in Indigenous sentencing; Chapter Two: Colonial and postcolonial Indigenous punishment; Chapter Four: Sentencing away culture and customary marriage; Chapter Five: Traditional Punishment in the New Punitiveness; Chapter Six: Sentencing ‘disadvantaged alcoholics’; Chapter Seven: Sentencing Indigenous resisters as if the racism never occurred; Conclusion/Epilogue: Burgeoning control metaphors in sentencing

O autorze

Thalia Anthony is a Senior Lecturer in Law at the University of Technology, Sydney, Australia. Her research specialises in criminal justice, Indigenous legal issues and the laws of colonisation. She has published widely on legal remedies for Indigenous people in Australia and internationally, as well as extra-legal alternative avenues for justice. Thalia’s methodology combines analysis of the legal archive with fieldwork in Northern Territory Indigenous communities.