Essay on Circle Sentencing as Alternative Dispute Resolutions

Throughout history, the Native people of North America and the Europeans have continually had arguments and disputes over land. To this day there are still issues trying to be resolved. Twenty years ago, the beginning of one of the most violent and intense land disputes in present day Canada occurred. This event is now referred to as the Oka Crisis, named after the town Oka in Quebec. This crisis caused a confrontation involving the Quebec provincial police, the Canadian armed forces and the Mohawk people.1 The stand that the Mohawk people took in the town of Oka became a major revelation for the aboriginal people spreading awareness of aboriginal rights across Canada.

Provision [SCRGSP], 2005; Jeffries and Bond, 2012). It is also widely discussed that there is an overrepresentation of Indigenous Australians in the criminal justice system itself (Jeffries and Bond, 2009), representing up to one quarter of prisoners in Australia (Makkai and Payne, 2003; Payne, 2005). This essay will address the current issues that Indigenous Australians face within the criminal justice system, particularly, with courts. The aim of this essay besides addressing these issues will also be to provide suggestions or alternatives that may help resolve the presented issues and improve the experience for Indigenous Australians in court.

These agreements, as negotiated with each state, vary but address the police framework in relation to these criminal justice problems. For example, the Queensland agreement involves reducing the rate in which indigenous come into contact with the criminal justice system to level with the non-indigenous rate (Cunneen 2007). By achieving this they have set out specific goals, which address early intervention and diversionary strategies with the risk factors involving indigenous youth coming into contact with the justice system. Also addressing the policies, procedures and practices within the justice system that are suitable for indigenous communities and increasing participation of these communities by development of their own resolutions (Cunneen

This essay looks at Indigenous Australians in relation to the institution of ‘Criminal Law’. In this context, criminal law refers to legal processes such as police questioning, investigation and detainment as well as arrest, custody and bail. It also encompasses associated court procedures up to the point of sentencing. The focus will be to first outline the importance of criminal law to Indigenous Australians and then provide a critical analysis of the unique experiences and barriers that this group encounter in accessing criminal law in a positive way. Following this analysis, the development of possible ways to improve Indigenous access to criminal law will be discussed. Particular attention will be given to the way in which Indigenous Australians are affected by the transition of our modern justice system toward broader social justice concepts that incorporate risk management of potential criminal behaviour. From this discussion a conclusion will be drawn as to whether or not Indigenous Australians enjoy equality of criminal law and whether the structural elements of the law itself perpetuate Indigenous injustice and disadvantage.

While talking things out family and community members will explain to the offender how they have violated tradition and failed to fulfill the expectation of their role as a family or community member and how it has impacted them. Brown’s description of the peacemaking process is similar to Pinto’s which is illustrated via a table comparing three model’s of dispute resolution. The table clearly shows the importance of Navajo tradition in peacemaking and how it is reflected in each step of the process via a healing ceremony and focusing on restoring harmony to the community.[8] Pinto also includes three pages detailing the seven steps and components of the peacemaking process. The outline format makes the process easy to understand and reinforces many points brought up by the other two authors. Meyer describes the peacemaking process in terms similar to Brown and Pintos, but compares the Navajo process to other tribal resolution methods. Using the Ojibwe example of cleansing the spirits of offenders and victims of

Circle Justice was developed in the 1980s and is use to help bring healing and understanding to the victim or the offender. Circle Justice is used mostly by the Yukon, Saskatchewan, and the Manitoba but the Navajo also used circles like in Canada. Reasons why I think the circles are bad, I think they are bad because: there is no council and people make the laws not officials, people with really bad crimes get out of

Resolving conflicts is one of the most appreciated characteristics of a human being. It may afford one to be at peace, either, with themselves or others. Throughout North America history many conflicts arose between settlers and native people leading to a colonization procedure. Unfortunately, Canada continues to struggle with this ongoing process, which almost annihilated more than the First Nations culture. Aboriginals were forced to assimilate other culture while somehow had to find a way to bury their traumas during this terrible endeavour. To remediate this ongoing process, some authors voice this situation using their own experiences aiming for a resolution. Evidently, distinct approaches are

Circle Justice is a system created by Native Americans and is used in Canada, Minnesota, and Alaska. They circle justice uses a microphone to make sure the speaker is heard clearly. It opens and closes with some sort of ceremony. The Participants sent guidelines in a conversation about what the person did and what they are talking about with the person (What do you mean by “circle”). People could be scared to speak for themselves.

It’s easy to fake your way through circle justice as there is no way for anyone to tell if you actually care about what you did as you serve no time and have practically no huge consacauses. Really, you never have to face the public and apologize for what you did. Sence in circle justice not all victims are registered to participate, the victims that do participate will not have all the opinions that are needed in circle. As well, circle justice is not appropriate for all

Circles were found by the Native American cultures of the United States and Canada. These circles are used for many purposes. In the 1980s, the criminal justice system adapted and developed as the people of a first nation. Local justice officials had attempted to start building closer ties with the community and formal justice system. Going into 1991, Judge Barry introduced the “sentencing circle.” The sentencing circle means that the justice process will be shared with the community. The best-known sentencing circles were called the “Hollow Water First Nations Community Holistic Healing Circle.” The members of the community would gather around to deal with a high level of alcoholism. These circles represented a safe zone. Many had begun to

Circle Justice is a originating in Canada that seeks healing in contrast to the regular punishment ways and is portrayed in Ben Mikaelsen's two novels Touching Spirit Bear and Ghost of Spirit Bear.

During this type of healing circle, the offence will be discussed as well as how it affected the victim and the community and the relationship between them and the offender (Justice Education Society, 2016). Not only does the circle attempt to heal community ties, the circle also focuses on the offender and the fundamental causes of their offence (Justice Education Society, 2016). Following a healing circle that is directed towards offenders and victims, a consensus is taken to decide the subsequent steps that should be taken by the offender to correct the harms caused by their actions (Justice Education Society, 2016). These steps could include specialized counseling or treatment programs, community work service, potlatch or other traditional remedies, direct restitution to the victim or community and in some cases, unique and creative solutions emerge (Justice Education Society, 2016).

Circle justice is a court comprised of members of the community who come together to cast judgement upon someone convicted of something and think of a suitable punishment that will both help the victim and the perpetrator. Some of the things this may include for smaller incidents such as killing an animal would include the perpetrator getting a new dog for the victim and help take care of the dog. This not only helps the victim forgive and heal but it also helps the perpetrator think why the thing they did was wrong and learn how to fix what they did. This system worked better for Cole because of the fact that Cole needed to have his anger and superiority complex treated for him to be able to function. Prison could help Cole with his superiority

Matters concerning informed consent, whether such notions pertain to the scope of mining or not, is another obvious limiting factor that continues to infringe on the rights of indigenous populations. The Negotiated Justice Model presents a valid means of amelioration with respect to the issues covered so far during this module, however, the economic authority that these billionaire mining corporations have, appear to take precedence over the essential human rights of indigenous populations; in spite of the fact that legislature has attempted to resolve this problem. Like large pharmaceutical companies, through analysis it is quite clear that money is the motivating factor for these mining corporations to posses such authority. Unlike large

The circle of justice helps participants respond from one's best self. Circles are indigenous people around the world for millennia and indigenous peoples have their own ways of conducting circle type processes. The precedes and it treated as equally important as tackling difficult issues.