Publications

When sentencing Indigenous offenders, courts in Australia and New Zealand do their work in the knowledge that the rates of Indigenous imprisonment are much higher than the rates for the […]

Authors: Daly, Kathleen

This lecture discusses the articulation between the new justice practices of restorative justice and Indigenous justice, and the politics of race and gender. The speaker describes the findings from her […]

Authors: Cunneen, Chris

This comment sets out the specific areas of conflict between mandatory sentencing and key human rights standards and provides a summary of criticism of mandatory sentencing by key United Nations […]

Authors: Anthony, Thalia

This paper explores the late-modern shifts in the characterisation of Indigenous offenders in sentencing judgments and legislation in New South Wales and the Northern Territory. It considers whether David Garland’s […]

These closing remarks provide a summary of views presented at the Mandatory Sentencing Symposium. While there are no constitutional impediments to state laws implementing mandatory sentencing, the practice may be […]

Authors: Clare, Jillian
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Our legal system was largely inherited from Britain, so it is, therefore based in European-Western cultural and legal traditions. Alongside this, and over many thousands of years, Australian Indigenous communities […]

Authors: Tomaino, John

This information bulletin outlines the development of the Aboriginal Courts in South Australia. Some preliminary statistics are presented for the three adult Nunga courts currently operating in South Australia, namely […]

Circle Courts are designed to educate the community on issues surrounding offending and the promotion and enrichment of Aboriginal culture and family values. Circle sentencing operates on the belief that […]

The possibility of racial bias in the criminal justice system is a recurring concern in Australia, as it is in other countries with high rates of minority over-representation in prison. […]

Authors: Kirby, Rudolph

The Victorian Aboriginal Justice Agreement of 2002 committed the government to reducing Aboriginal contact with the criminal justice system, partly through the introduction of Koori courts as a part of […]