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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Indigenous People, Crime and Punishment

ISBN13: 9780415668446
Published: July 2013
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £90.00
Paperback edition , ISBN13 9780415831598

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Indigenous People, Crime and Punishment examines criminal sentencing courts’ changing characterisations of Indigenous peoples’ identity, culture and postcolonial status. Focusing largely on Australian Indigenous peoples, but referring also to the Canadian and New Zealand experiences, Thalia Anthony critically analyses how the judiciary have interpreted Indigenous difference.

Through an analysis of Indigenous sentencing decisions and remarks over a fifty year period in a number of jurisdictions, the book demonstrates how discretion is moulded to cultural assumptions about Indigeneity. More specifically, Indigenous People, Crime and Punishment shows how the increasing demonisation of Indigenous criminality and culture in sentencing has turned earlier ‘gains’ in the legal recognition of Indigenous peoples on their head.

The recognition of Indigenous difference is thereby revealed as a pliable concept that is just as likely to remove rights as it is to grant them.

Criminal Law
Introduction: Re-imagining the Indigenous criminal
Chapter One: Control metaphors in Indigenous sentencing
Chapter Two: Colonial and postcolonial Indigenous punishment
Chapter Four: Sentencing away culture and customary marriage
Chapter Five: Traditional Punishment in the New Punitiveness
Chapter Six: Sentencing ‘disadvantaged alcoholics’
Chapter Seven: Sentencing Indigenous resisters as if the racism never occurred
Conclusion/Epilogue: Burgeoning control metaphors in sentencing