Intro
The emergence of indigenous courts captures the general public’s attention. Not only deploying innovative practices of justice, it acknowledges the devastating and enduring effects that indigenous people suffer since the period of colonization. Indigenous people continue to be disproportionately disadvantaged in the society. Since the early 90s, nations such as Australia and Canada begin to be more aware of the difficulties that indigenous people have confronted such as the effects of colonization, racism and overrepresentation in the Criminal Justice System. In response, indigenous sentencing courts are raised. These courts are specifically designed to recognize indigeneity in the sentencing process to reduce the impacts that indigenous …show more content…
Lands were claimed to be their own, for purposes of resources and creating new markets for their own citizens. The process of colonisation has the nature of civilizing, removal of the indigenous culture and replacement of the western cultures, values and beliefs (Cunneen, 2008). For example, thousands of indigenous children were removed from homes and were placed in European families. This assimilation policy prevent them from practicing their own culture and speak their own language, which in turn gradually removes their own cultural identities (Marchetti & Downie, 2013). Moreover, the majority of them were confined within the white families and were deprived of liberty and ultimately lacking the opportunity to prosper (Cunneen, 2008). Indigenous people could only get into jobs with low wages, contributing to their disadvantaged socio-economic status. Not only suffering from colonization in the past, racism is another facet that indigenous people also …show more content…
As Anthony (2013) has noted, the common law requires the judges to consider all alternative factors before sentencing. The judicial discretion would therefore be varied according to the situation and offender. In relation to indigenous people however, Anthony (2013) further indicates that indigenous factors are considered only “when the offender is a member of an Indigenous community and his/her offence or punishment reflects that membership” (p. 455). It implies the notion that indigenous people are not guaranteed special of lenient treatments based on who they are, but whether the offenses involved the indigenous communities. As the knowledge to why indigenous people are frequently engaged in the Criminal Justice System increases, the Australian government attempts to recognize indigeneity in the sentencing process. This attempt is achieved via the formation of indigenous sentencing courts such as the Circle Courts and the Nunga
The emergence of indigenous courts captures the general public’s attention. Not only deploying innovative practices of justice, it acknowledges the devastating and enduring effects that indigenous people suffer since the period of colonization. Indigenous people continue to be disproportionately disadvantaged in the society. Since the early 90s, nations such as Australia and Canada begin to be more aware of the difficulties that indigenous people have confronted such as the effects of colonization, racism and overrepresentation in the Criminal Justice System. In response, indigenous sentencing courts are raised. These courts are specifically designed to recognize indigeneity in the sentencing process to reduce the impacts that indigenous …show more content…
Lands were claimed to be their own, for purposes of resources and creating new markets for their own citizens. The process of colonisation has the nature of civilizing, removal of the indigenous culture and replacement of the western cultures, values and beliefs (Cunneen, 2008). For example, thousands of indigenous children were removed from homes and were placed in European families. This assimilation policy prevent them from practicing their own culture and speak their own language, which in turn gradually removes their own cultural identities (Marchetti & Downie, 2013). Moreover, the majority of them were confined within the white families and were deprived of liberty and ultimately lacking the opportunity to prosper (Cunneen, 2008). Indigenous people could only get into jobs with low wages, contributing to their disadvantaged socio-economic status. Not only suffering from colonization in the past, racism is another facet that indigenous people also …show more content…
As Anthony (2013) has noted, the common law requires the judges to consider all alternative factors before sentencing. The judicial discretion would therefore be varied according to the situation and offender. In relation to indigenous people however, Anthony (2013) further indicates that indigenous factors are considered only “when the offender is a member of an Indigenous community and his/her offence or punishment reflects that membership” (p. 455). It implies the notion that indigenous people are not guaranteed special of lenient treatments based on who they are, but whether the offenses involved the indigenous communities. As the knowledge to why indigenous people are frequently engaged in the Criminal Justice System increases, the Australian government attempts to recognize indigeneity in the sentencing process. This attempt is achieved via the formation of indigenous sentencing courts such as the Circle Courts and the Nunga