Type:	Journal Article
Title:	Aboriginality and lawyering: problems of justice for Aboriginal defendants - focus on partner homicide
Other Titles:	Violence against women
Authors:	Hancock, Linda
Keywords:	Homicide;Criminal justice responses;Theories of violence;Indigenous issues;Cross-cultural
Year:	1996
Publisher:	Sage Publications
Citation:	2 (4), December 1996
Notes:	Examines the legal system and the legal defences of provocation, self defence and battered women’s syndrome (BWS) in the context of the Robyn Kina case, an Aboriginal woman sentenced to life in prison for murdering her violent and abusive partner. Summarises the facts and outcomes of the Kina case highlighting various issues which bear relevance to the topic of discussion, including the prevalence of violence in indigenous communities and dominant social constructions of domestic violence survivors. A brief history of the emergence of BWS is provided before a review of recent theoretical and practical criticisms directed at the defence. The capacity of mainstream legal services to deal with Aboriginal clients, particularly Aboriginal women, is then examined utilising recent research and the Kina case as illustrations. Concludes by arguing that issues of domestic violence, lethal self defence and the responsiveness of legal services must be located within an analysis of the structural inequality women face if the human rights of all Australians are to be protected.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/13234
ISSN:	1077-8012
Appears in Collections:	Journal Articles

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