NCJ Number
211215
Date Published
2005
Length
19 pages
Annotation
Focusing on Australian court practice and case law, this chapter critiques the orthodox responses by government to the overrepresentation of Indigenous youth in Australian custodial facilities over the past 10 years.
Abstract
Under orthodox procedures, when the court determines a sentence, it considers whether the offender as an individual can be redeemed to become a "good" citizen. This determination is made in accordance with the dominant culture's definition of morality, ethics, and community, rather than the perspectives of the offender or the Indigenous community. The orthodox sentencing regime does not admit or address an a priori challenge to authority and power that arise from the historical consequences of colonialism, which underlies the perennial problem of Indigenous juvenile offending. Many in Indigenous communities, in Australia and elsewhere, support the concept of restorative justice as a reflection of Indigenous "traditional" culture and values. Conferencing and circle sentencing as practiced in the Australian State of New South Wales, for example, reflect the Indigenous practice of using informal, community-based forums to tailor responses to violations of community behavioral norms that harm others and disrupt the community. Still, if restorative justice principles and practices provide a better pathway to justice, they must be devised and managed by Indigenous people. Indigenous sovereignty and self-determination must be the foundation for addressing the factors of colonization that have impaired the positive development of Indigenous youth. 30 notes and 68 references