Please use this identifier to cite or link to this item: https://anrows.intersearch.com.au/anrowsjspui/handle/1/15261
Record ID: fd7a041d-c08a-4903-9582-d99114d8ee1e
Type: Journal Article
Title: Indigenous sentencing courts and partner violence: perspectives of court practitioners and elders on gender power imbalances during the sentencing hearing
Other Titles: Australian and New Zealand journal of criminology
Authors: Marchetti, Elena
Keywords: Legal issues;Criminal justice responses;Indigenous issues;Specialist courts;Cross-cultural
Year: 2010
Publisher: Australian Academic Press : Samford Valley
Citation: 43 (2), August 2010
Notes:  One of the most common forms of violence in Indigenous communities is violence between intimate partners. Indigenous sentencing courts and specialist family violence courts (as well as mainstream courts) are used in Australia to sentence Indigenous partner violence offenders. Currently, there are over 50 Indigenous sentencing courts operating in all Australian states and territories, except Tasmania, which use Indigenous Elders to assist a judicial officer in sentencing an offender. Debates exist surrounding the issue of whether alternative justice forums are appropriate in cases involving domestic and family violence. Feminist advocates are concerned with the appearance of a 'too lenient' response to violent men and the danger of exposing a victim to further power imbalances during a hearing, whereas Indigenous advocates focus on the need for justice practices that are more culturally relevant, sensitive and appropriate. This article explores the extent to which gendered power imbalances are present in Australian Indigenous sentencing court hearings concerning intimate partner violence offending, and how, if at all, such power imbalances are managed by a process which aims to be more culturally appropriate.

[Copyright ? Australian Academic Press 2010 All Rights Reserved. For further information, visit Australian Academic Press.]
URI: https://anrows.intersearch.com.au/anrowsjspui/handle/1/15261
ISSN: 0004-8658
Appears in Collections:Journal Articles

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