Academic literature on the topic 'Indigenous peoples Indigenous peoples Criminal justice'

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Journal articles on the topic "Indigenous peoples Indigenous peoples Criminal justice"

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Cunneen, Chris, and Juan Marcellus Tauri. "Indigenous Peoples, Criminology, and Criminal Justice." Annual Review of Criminology 2, no. 1 (2019): 359–81. http://dx.doi.org/10.1146/annurev-criminol-011518-024630.

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This review provides a critical overview of Indigenous peoples’ interactions with criminal justice systems. It focuses on the experiences of Indigenous peoples residing in the four major Anglo-settler-colonial jurisdictions of Australia, New Zealand, Canada, and the United States. The review is built around a number of key arguments, including that centuries of colonization have left Indigenous peoples across all four jurisdictions in a position of profound social, economic, and political marginalization; that the colonial project, especially the socioeconomic marginalization resulting from it
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Tubex, Hilde. "Throughcare for Indigenous Peoples Leaving Prison." Decolonization of Criminology and Justice 3, no. 1 (2021): 82–91. http://dx.doi.org/10.24135/dcj.v3i1.37.

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The concept of throughcare for Indigenous peoples leaving prison has attracted a lot of attention in Australia over the last couple of years. The reason for this is the ongoing overrepresentation of Aboriginal and Torres Strait Islander peoples in the criminal justice system and, more particularly, in prison. Recent approaches to address this overrepresentation are focusing on the back end of the criminal justice process, investigating reintegration needs after release to prevent reoffending. This is particularly the case for Indigenous peoples as we know that high recidivism rates are one of
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David, Jean-Denis, and Megan Mitchell. "Contacts with The Police and The Over-Representation of Indigenous Peoples in The Canadian Criminal Justice System." Canadian Journal of Criminology and Criminal Justice 63, no. 2 (2021): 23–45. http://dx.doi.org/10.3138/cjccj.2020-0004.

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There is abundant evidence of the over-representation of Indigenous peoples in Canadian correctional facilities but, there is, however, limited research on the over-representation of Indigenous peoples at other stages of the criminal justice system. This article examines self-reported contacts with the police by Indigenous peoples in Canada as a way to broaden our understanding of their over-representation in the criminal justice system. Settler colonialism is used as a theoretical framework to better assess the various processes by which Indigenous peoples and police may come into contact. Us
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Cesaroni, Carla, Chris Grol, and Kaitlin Fredericks. "Overrepresentation of Indigenous youth in Canada’s Criminal Justice System: Perspectives of Indigenous young people." Australian & New Zealand Journal of Criminology 52, no. 1 (2018): 111–28. http://dx.doi.org/10.1177/0004865818778746.

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The central purpose of this study was to provide a platform for Indigenous young peoples’ opinions regarding the overrepresentation of Indigenous young people in the criminal justice system. Specifically, the study sought (a) their thoughts on broader issues that contribute to the overrepresentation of young people, and (b) strategies on how to reduce the overrepresentation of young people in the future. Results mirrored themes and findings from the research literature. However, the results are themes that are derived from the lived and observed experiences of Indigenous young people and the A
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McGuire, Michaela Mary, and Ted Palys. "Toward Sovereign Indigenous Justice: On Removing the Colonial Straightjacket." Decolonization of Criminology and Justice 2, no. 1 (2020): 59–82. http://dx.doi.org/10.24135/dcj.v2i1.16.

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Canada has oppressed Indigenous peoples capacity for true sovereignty through colonialism, genocide and attempted assimilation. This devastation manifests in the disproportionate social ills facing Indigenous peoples and their overrepresentation at all levels of the imposed criminal justice system (CJS). Trauma and internalized colonialism have constrained the capacity of Indigenous Nations to reclaim their place in the world as self-governing peoples. Canada has attempted to ‘fix’ this problem through creating parallel systems, trying to fit ‘Indigenous’ conceptions of justice into existing s
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Cunneen, Chris, and Simone Rowe. "Changing Narratives: Colonised Peoples, Criminology and Social Work." International Journal for Crime, Justice and Social Democracy 3, no. 1 (2014): 49–67. http://dx.doi.org/10.5204/ijcjsd.v3i1.138.

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There is growing recognition in criminology and social work of the importance of Indigenous knowledges and methodologies. Yet to date there have been limited attempts (particularly in criminology and criminal justice social work) to consider the theoretical and practice implications of Indigenous understandings and approaches to these disciplines. Both disciplines have also been slow to recognise the importance of understanding the way in which colonial effects are perpetuated through knowledge control, particularly in the operation of criminal justice systems. Our paper thus begins by examini
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Starblanket, Gina. "Constitutionalizing (In)justice: Treaty Interpretation and the Containment of Indigenous Governance." Constitutional Forum / Forum constitutionnel 28, no. 2 (2019): 13–24. http://dx.doi.org/10.21991/cf29383.

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To state that the Canadian criminal justice system has historically failed to provide adequate measures of justice for Indigenous peoples would be both an understatement and a mischaracterization. Canadian institutions of justice have not merely failed Indigenous peoples but were not designed to protect Indigenous interests to begin with. Designed by and for European newcomers who sought to institute their own legal orders, the justice system has functioned as an integral part of the structure of settler colonialism in Canada.
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Kau, Blasius Mau, Hari Sutra Disemadi, and Y. Yusriadi. "The Position of Crime Resolution Institutions in Indigenous Peoples in the Identity Politics Perspective." Jurnal Hukum Prasada 7, no. 2 (2020): 79–84. http://dx.doi.org/10.22225/jhp.7.2.1224.79-84.

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 One of the demands is to disregard modern justice institutions and utilize customary law as a means to achieve justice for those involved in a criminal offense. But on the other hand, the settlement of the case with customary law turned out to still cause injustice to the victim, and even gave birth to new crimes arising as a result of coercion carried out by the customary leaders of both parties acting as judges. This study discussed about the position of crime resolution institutions in indigenous peoples in the perspective of identity politics and the reassessing the position of crim
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Dafnos, Tia. "Racialized policing." International Journal of Critical Indigenous Studies 6, no. 1 (2013): 1–4. http://dx.doi.org/10.5204/ijcis.v6i1.109.

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Recent months of 2013 have seen the public release of official reports on the ongoing exclusion and marginalisation of Indigenous peoples vis-à-vis the Canadian criminal justice system. The Iacobucci review (2013), commissioned by the Ontario Government, documents systemic racism throughout the courts, prisons and jury systems that disadvantages Indigenous peoples. The review emerged from the lack of Indigenous jurors in coroner’s inquests into the death of Jacy Pierre in police custody, and the drowning of Reggie Bushie in 2007. Another report from the Correctional Investigator documents the
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Weis, Valeria Vegh. "Towards a Critical Green Southern Criminology: An Analysis of Criminal Selectivity, Indigenous Peoples and Green Harms in Argentina." International Journal for Crime, Justice and Social Democracy 8, no. 3 (2019): 38–55. http://dx.doi.org/10.5204/ijcjsd.v8i3.1244.

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This paper offers critical analytical tools to progress the development of a critical green southern criminology. Using Argentina as a case study, the article develops the notion of criminal selectivity to expose the biased functioning of the criminal justice system. The article explores how crime control is used to the detriment of Indigenous peoples, despite the fact that their protests do not produce significant social harm and are framed within constitutional rights. Conversely, the study exposes how the criminal justice system is not used to prosecute green harms perpetrated by corporatio
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Dissertations / Theses on the topic "Indigenous peoples Indigenous peoples Criminal justice"

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Fernández, Ruiz José Manuel. "Indigenous peoples and immigrants : the multicultural challenge of criminal law." Thesis, University of Glasgow, 2018. http://theses.gla.ac.uk/9107/.

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This thesis is the conclusion of doctoral research that pursued to examine whether indigenous peoples’ demands for access to their cultural practices can be accommodated within criminal law. In a globalised context in which states become increasingly multicultural this question raises fear of social fragmentation and the anxiety for achieving unity. Certainly, Rwanda and Kosovo evidence that claims to access culturally diverse practices may lead to war or even genocide. The context of the thesis is a more benign form of response to these claims: accommodation. While accommodation in general ha
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Trapnell, Lucy. "The voices of Indigenous Peoples’ Elders in teacher training." Pontificia Universidad Católica del Perú, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/112541.

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A lo largo de las últimas décadas se ha venido planteando la necesidad de problematizar la manera como se construye el conocimiento y de poner en evidencia las relaciones entre conocimiento y poder. Una valiosa innovación, que busca abrir la educación superior a la inclusión de nuevos actores y nuevas voces, ha sido la redefinición del equipo formador de algunos institutos superiores pedagógicos y universidades convencionales para incluir conocedores y conocedoras de los pueblos originarios. No obstante, en este artículo argumento que su participación en los procesos de formación docente no ne
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Aliu, Bello Ayodeji. "The African Court on Human and Peoples’ Right: A test of African notions of human rights and justice." University of the Western Cape, 2019. http://hdl.handle.net/11394/6630.

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Doctor Legum - LLD<br>The African Court on Human and Peoples’ Right (the Court) is the most recent of the three regional Human Rights Bodies. Envisioned by the African Charter on Human and Peoples’ Right, its structures was not planned until the Organisation of African Unity (OAU) promulgated a protocol for its creation in 1998. The Court complements the protective mandate of the African Commission on Human and Peoples’ Rights (‘The Commission’) and the Court has the competence to take final and binding decisions on human rights violations. Unlike its European and inter-American versions wher
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Santana, Faria Natália. "Mediated Justice : Mapping news media narratives about indigenous peoples’ rights and the mining conflicts in Renca (Brazil) and Gállok (Sweden)." Thesis, Stockholms universitet, JMK, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-159676.

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Conflicts between the mining industry and traditional communities have been challenging indigenous peoples’ rights and endangering the environment around the world. The purpose of this study is to gain a broad perspective on the role of media representations in framing (or misframing) justice (Fraser 2009) and in reflecting (or not) media responsibility (Silverstone 2017) when reporting such events. Although recent studies have analysed news media coverage of environmental conflicts from a similar theoretical approach, few studies have addressed this inquiry through narrative analysis. Particu
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Vander, Veen Sarah. "Mock jurors' attitudes toward aboriginal defendants: a symbolic racism approach /." Burnaby B.C. : Simon Fraser University, 2006. http://ir.lib.sfu.ca/handle/1892/2688.

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Balzac, Josephine M. "CAFTA-DR's Citizen Submission Process| Is It Protecting the Indigenous Peoples Rights and Promoting the Three Pillars of Sustainable Development?" Thesis, The George Washington University, 2013. http://pqdtopen.proquest.com/#viewpdf?dispub=1537313.

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<p>The Central American population consists of a majority of indigenous people and the parties to the Central American Free Trade Agreement (CAFTA-DR) must strive to protect the culture, heritage and rights of the region&rsquo;s people. Trade agreements must recognize the rights of the indigenous peoples that are affected by environmental degradation resulting from trade activities, which can result in the forceful removal of their lands. The balance between the three pillars of sustainable development must be struck because international trade is necessary by fueling much of the economic grow
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Morman, Alaina M. "United Nations Declaration on the Rights of Indigenous Peoples: Understanding the Applicability in the Native American Context." Ohio University / OhioLINK, 2015. http://rave.ohiolink.edu/etdc/view?acc_num=ohiou1439561893.

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Cantzler, Julia Miller. "Culture, History and Contention: Political Struggle and Claims-Making over Indigenous Fishing Rights in Australia, New Zealand and the United States." The Ohio State University, 2011. http://rave.ohiolink.edu/etdc/view?acc_num=osu1306269394.

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Pates, Rebecca. "A philosophical investigation of punishment /." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82943.

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Neither currently prevalent justifications of punishment, nor a modified, contractarian version of a justification that I develop here, can be used to justify actual state punishment, even if some forms of punishment may remain legitimate. I argue in this thesis that alternative punitive practices such as developed by some Canadian aboriginal communities are more likely to conform to the criteria of punitive justice developed by standard justifications, as well as being more likely to conform to criteria developed in feminist ethics.
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Cerqueira, Daniel. "Towards an ethical and legal foundation of the differentiated participation of the indigenous peoples in the State decisions." THĒMIS-Revista de Derecho, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/108262.

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Within the Latin American state Constitutions, is the establishment of prior consultation for theindigenous peoples legitimate? Does it represent away of imposition of the minority rights in front ofthe majority rights? Does it implies a power of vetoover the state decisions?In this article, the author answers the aforementioned questions, as he assays an ethical and legal foundation for the establishment of the mechanism of free, prior and informed consultation, one that goes beyond its national and international recognition.<br>Dentro de las Constituciones de América Latina,¿es legítimo el e
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Books on the topic "Indigenous peoples Indigenous peoples Criminal justice"

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Hensel, Katherine. Aboriginal peoples and Canadian criminal justice: Casebook. 2nd ed. Faculty of Law, University of Toronto, 2009.

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Hensel, Katherine. Aboriginal peoples and Canadian criminal justice: Casebook. Faculty of Law, University of Toronto, 2013.

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Hensel, Katherine. Aboriginal peoples and Canadian criminal justice: Casebook. Faculty of Law, University of Toronto, 2011.

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Hensel, Katherine. Aboriginal peoples and Canadian criminal justice: Casebook. Faculty of Law, University of Toronto, 2013.

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Hensel, Katherine. Aboriginal peoples and Canadian criminal justice: Casebook. Faculty of Law, University of Toronto, 2012.

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Hensel, Katherine. Aboriginal peoples and Canadian criminal justice: Casebook. 2nd ed. Faculty of Law, University of Toronto, 2010.

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Hensel, Katherine. Aboriginal peoples and Canadian criminal justice: Course materials. Faculty of Law, University of Toronto, 2015.

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Hensel, Katherine. Aboriginal peoples and Canadian criminal justice: Course materials. Faculty of Law, University of Toronto, 2015.

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Hunter, B. H. Factors underlying indigenous arrest rates. New South Wales Bureau of Crime Statistics and Research, 2001.

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Harding, Jim. Overcoming systemic discrimination against aboriginal people in Saskatchewan: Brief to the Indian Justice Review Committee and the Metis Justice Review Committee, November 1991. Prairie Justice Research, School of Human Justice, University of Regina, 1992.

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Book chapters on the topic "Indigenous peoples Indigenous peoples Criminal justice"

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Cunneen, Chris, and Amanda Porter. "Indigenous Peoples and Criminal Justice in Australia." In The Palgrave Handbook of Australian and New Zealand Criminology, Crime and Justice. Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-55747-2_44.

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Toki, Valmaine. "Constitutional frameworks – the United Nations Declaration on the Rights of Indigenous Peoples." In Indigenous Courts, Self-Determination and Criminal Justice. Routledge, 2018. http://dx.doi.org/10.4324/9781351239622-6.

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Churchill, Robert Paul. "Indigenous Peoples." In Encyclopedia of Global Justice. Springer Netherlands, 2011. http://dx.doi.org/10.1007/978-1-4020-9160-5_294.

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Tawhai, Veronica M. H. "Indigenous Peoples and Indigeneity." In The Palgrave International Handbook of Education for Citizenship and Social Justice. Palgrave Macmillan UK, 2016. http://dx.doi.org/10.1057/978-1-137-51507-0_5.

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MacLachlan, Alice. "Government Apologies to Indigenous Peoples." In Justice, Responsibility and Reconciliation in the Wake of Conflict. Springer Netherlands, 2012. http://dx.doi.org/10.1007/978-94-007-5201-6_11.

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Cassell, Elizabeth, and Colin Samson. "The long reach of frontier justice." In Handbook of Indigenous Peoples’ Rights. Routledge, 2016. http://dx.doi.org/10.4324/9780203119235-9.

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Schroeder, Doris. "Justice and Benefit Sharing." In Indigenous Peoples, Consent and Benefit Sharing. Springer Netherlands, 2009. http://dx.doi.org/10.1007/978-90-481-3123-5_2.

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Shmueli, Deborah F., and Rassem Khamaisi. "Theoretical Context: Justice, Urbanism, and Indigenous Peoples." In Israel’s Invisible Negev Bedouin. Springer International Publishing, 2015. http://dx.doi.org/10.1007/978-3-319-16820-3_4.

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Parsons, Meg, Karen Fisher, and Roa Petra Crease. "Environmental Justice and Indigenous Environmental Justice." In Decolonising Blue Spaces in the Anthropocene. Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-61071-5_2.

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AbstractIn this chapter we provide a broad overview of three dominant ways environmental justice is framed within the scholarship and consider how Indigenous peoples’ understanding and demands for environmental justice necessitate a decolonising approach. Despite critiques, many scholars and policymakers still conceive of environment justice through a singular approach (as distributive equity, procedural inclusion, or recognition of cultural difference). Such a narrow reading fails to appreciate the intersecting and interacting processes that underpin environmental (in)justices faced by Indigenous peoples. We argue that the theoretical discussions and empirical research into environmental (in)justice need to extend beyond Western liberal philosophies and instead consider pluralistic approach to Indigenous environment justice which is founded on Indigenous ontologies and epistemologies, which include intergenerational and more-human-human justice requirements.
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Walpole, Pedro, Rowena Soriaga, and Hermann Lotze-Campen. "Deforestation, Indigenous Peoples, and the Poor in Indonesia." In Climate Change, Justice and Sustainability. Springer Netherlands, 2012. http://dx.doi.org/10.1007/978-94-007-4540-7_20.

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Conference papers on the topic "Indigenous peoples Indigenous peoples Criminal justice"

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Pujiyono and Nur Rochaeti. "The Revitalization of Structural Criminal Responsibility of Indigenous Peoples in the Reform of the Criminal System in Indonesia." In Proceedings of the 6th International Conference on Community Development (ICCD 2019). Atlantis Press, 2019. http://dx.doi.org/10.2991/iccd-19.2019.122.

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