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Indigenous Criminology$
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Chris Cunneen and Juan Tauri

Print publication date: 2016

Print ISBN-13: 9781447321750

Published to Policy Press Scholarship Online: January 2017

DOI: 10.1332/policypress/9781447321750.001.0001

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Reconceptualising sentencing and punishment from an Indigenous perspective

Reconceptualising sentencing and punishment from an Indigenous perspective

(p.111) Six Reconceptualising sentencing and punishment from an Indigenous perspective
Indigenous Criminology

Chris Cunneen

Juan Tauri

Policy Press

Chapter six discusses the sentencing and punishment of Indigenous peoples in settler colonial states. It begins by contrasting the different approaches to sentencing Indigenous people in Australia and Canada through a consideration of relevant legislation and case law. It concludes that while there are significant differences, both systems are predicated on the centrality of the non-Indigenous legal system. The chapter outlines the lack of sentencing alternatives for Indigenous people particularly in remote and rural areas, and its effect on imprisonment. The chapter considers in more detail the role of Indigenous sentencing courts in Australia, Aotearoa New Zealand and Canada, and the specific development of tribal courts in the United States. The chapter concludes with a discussion of justice reinvestment and its potential applicability in Indigenous nations.

Keywords:   sentencing, sentencing alternatives, indigenous sentencing courts, tribal courts, justice reinvestment

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