Specialist Courts for Sentencing Aboriginal Offenders

1. Auflage 2016
ISBN: 978-1-76002-041-5
Verlag: Federation Press

Buch, Englisch, 144 Seiten, Format (B × H): 156 mm x 234 mm, Gewicht: 180 g

The specialist Aboriginal Court is one of the most important and controversial measures introduced in recent decades to address the disadvantage and particular needs of Aboriginal people in the criminal courts of Australia. This book offers a comprehensive analysis of Aboriginal Courts and their relationship to the criminal justice system.
The Aboriginal Court is examined from practical and theoretical perspectives: the rationale for a specialist court for Aboriginal people, its aims, how they work, what they achieve and its critics. It describes the differing models of Aboriginal Courts in each jurisdiction, identifying their common features whilst emphasising their diverse and fundamentally localised nature. The analysis of what Aboriginal Courts achieve is introduced with a summary of current research on a range of outcomes: Aboriginal community participation, better sentencing information and attendance and recidivism rates.
The book's central theme is that Aboriginal Court sentencing provides a simple and direct way for Aboriginal people to be heard and understood in a manner rarely achieved by a mainstream magistrates court in a busy list. This unique approach empowers and involves Aboriginal people in the court process, reducing barriers of language, culture and social disadvantage whilst better informing the sentencing court on the often complex needs of Aboriginal offenders, victims and their communities.
Specialist Courts for Sentencing Aboriginal Offenders draws on current literature, academic and government research and the author's experience as a lawyer and magistrate in Aboriginal, specialist and mainstream criminal courts to explore how Aboriginal Courts have developed, their significance and to propose their more widespread use.

Autoren/Hrsg.

Bennett, Paul

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein
• Sozialwissenschaften Ethnologie | Volkskunde Volkskunde Indigene Völker

Inhaltsverzeichnis

1. Introduction 2. How Aboriginal Courts Work 3. The Roles of the Participants 4. The Decision-making Process 5. What Do Aboriginal Courts Achieve? 6. Theory and Critiques 7. Conclusion

Über Autor(innen)

Paul Bennett was appointed a Magistrate (part-time) in 2007 and has worked in criminal courts in Adelaide, regional and remote areas. He has worked in specialist courts for family violence, drug and mental health offenders, and currently works in various criminal courts, including the Nunga Courts at Port Adelaide and Murray Bridge.
Paul was a criminal lawyer with the Legal Services Commission in South Australia (1988-2000) and then the Criminal Practice Manager at the Aboriginal Legal Rights Movement (2001-07). He has regularly represented Aboriginal clients in Aboriginal Courts, as well as other criminal courts at all levels.