New Concepts That Generate Inspiration, Skepticism, Cognitive Shifts, And Derision Essay

​In conclusion, this article is an eye-opening one that does not necessarily paint Canada’s justice system in a great light. Razack shows through the use of examples how Aboriginal people are treated differently and perceived to be lower than whites on the hierarchy of society, and how this lead to the lack of justice in the murder of Pamela George. It is disheartening to think that simply because she was an Aboriginal and a prostitute that her life is considered less important than those of her (white) murderers, but this is the light that Razack brings to the argument, and she does so

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.

For decades, there has always been a very precarious relationship with aboriginal communities and the criminal justice system, especially with issues of indigenous victimisation and over-representation within the custody of police and prisons and the history of colonisation. Over-representation is the disproportionate numbers in which indigenous people come into custody compared to the non-indigenous. Although the justice system has been working together in order to overcome these deep-rooted issues and eliminate any negative associations with indigenous communities. This essay will outline the relationship between aboriginal communities and the police, the concerns associated with this relationship, why they are over-represented in the criminal justice system and the efforts that have been made to prevent this accumulating in the future.

Every person on this planet has a set of beliefs and values that they implement into their daily lives, helping them understand the world, humanity, and themselves. This set of beliefs and values can be called a worldview. The worldviews and ways of knowing of Indigenous Peoples (in this paper, specifically Indigenous Peoples of North America) have existed for centuries, yet often they remain in juxtaposition with Western (in this paper, specifically Eurocentric) ways of knowing and Western worldviews. One way of knowing is reliant on science, order, and the

In Prairie courtrooms, Indigenous defendants now make up 85 per cent of the criminal caseloads, defense lawyers claim. At a nearby Stony Mountain Institution, Indigenous men make up 65 per cent of the inmate population. These men are often there because they fail to comply with a condition of bail, or they are

We are learning that when genuine 'Indigenous' Justice is hiding under the cloak of Western paradigms, we continue to see the rising population of Indigenous peoples--especially Indigenous women--in prisons. Our programs and rehabilitative initiatives remain under Western paradigms, even when painted with the brush of 'restorative' or 'indigenous'

Restorative justice practices is seen as an innovative informal approach to criminal justice and is used as an alternative to the mainstream criminal court procedures. It offers alternate ways to aid in repairing the harm caused by the offenders and involves both the victim and offenders in the process. Surrounding restorative justice lies the debate that the practices are potentially more harmful than beneficial for the victims. This debate is complex and interminable, as there are various factors that can influence the outcome of the procedures. This essay will explore and discuss the concept of restorative justice and the practices that are commonly supported and conducted in Australia. The essay will then explore the debate around restorative

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.

When looking at the current criminal justice system in Canada, New Zealand, and Australia, it is clear that it has failed in the treatment of aboriginal people. This problem has strengthened the idea of restorative justice as a replacement of the traditional system. When looking at implementing circles into that realm of restorative justice, there needs to be an agreement that their practices are diverse, and therefore not to force the issue. Many traditional practices are very spiritually based, and it needs to be evident that

This essay endeavors to explain what risk factors are and discuss four key risk factors that may assist in explaining the over-representation of Indigenous people in the criminal justice system. These include family violence, alcohol and drug abuse as well as employment and

24). The Native American restorative justice approach is filled with methods, practices and beliefs that have everything to do with healing. The person who committed the crime needs to be healed. The person who was hurt by the crime must be healed, and the community that was injured or spiritually dampened by the crime needs to also heal. It is essential for individuals to reestablish themselves into society, according to the way of doing things in the Native American world.

They could adopt one of the most effective types of aboriginal justice; circle justice. However to truly understand how effective circle justice is we fully understand how the system works. Circle justice is a form of restorative justice, which everyone is treated as equals and the offenders and victims get a chance to talk uninterrupted. Circle justice is a type of Canadian

The First Nations way of dealing with crime and deviance revolved around the concept of “collective responsibility”, meaning that the whole community was part of the healing process, not one individual (Dickinson 19). The group would work together to find a resolution to the actions that had occurred not to punish the individual but to find a way to rebuild a positive relationship within the community especially between the victims and those who had committed the acts. The Huron also had a custom of resolution that required that the whole community repair the injustice by offering presents to the victims, the number which changed with the severity of the acts. Only in times of acts against the community or truly grave circumstances did they resort to physical harm (Dickinson

Throughout the history of Canada, we have acknowledged Indigenous cultures as being the first people of Canadian land. However, society has not treated them as equal members of society since the first explorers settled. The Euro-Canadian culture has impacted the Indigenous people negatively; as a result injustice between the two cultures has developed and inequality has widened as the two cultures interact more frequently. Lisa Monchalin (2016), author of the text The Colonial Problem: An Indigenous Perspective on Crime and Injustice in Canada, noted multiple reasons how Aboriginal people are discriminated against in society, and how they are over-represented in Canadian correctional system. In society, according to Aylsworth, L., and Trovato, F. (2012) of The Canadian Encyclopedia, the indigenous population was approximately 4.3% of the total Canadian population, yet, the 2015-2016 Annual Report of the Office of the Correctional Investigator noted “an unabated increase in the number of Indigenous people behind bars, a rate now surpassing 25% of the total federal incarcerated population” (2016, n.p.). This raised the question as to why there was such a blatant over-representation of Indigenous people in the criminal justice system. Indigenous history has been speckled with injustices, hardship, discrimination, racism, and have been on the receiving end of multiple attempts to rid Canada of Indigenous ways and people. The history of these

When on trial the boys lawyers introduced to the court the tribal chief of their nation, who proposed to the court an alternative deterrence method for the boy’s punishment. The Chief said if the court grants the native judiciary custody of the boys they will pay the hospital costs of the victim. Including the punishment of the boys as they will be sent to a “Deserted island in Hudson Bay where for six months they will fend for themselves and learn to become proper men in the wilderness. When they return to their village, they will be forced to work for the tribe until the amount given to their victim is refunded to the tribe. They will also have to visit their victims and express their remorse.” This sounds rather convincing as I am reviewing this case, because I want the best outcome for the victim and his family. But at the same time I want to ensure the victimizers learn their lesson and are punished accordingly.