Web resource:	http://www.indigenousjustice.gov.au/briefs/brief007.pdf
Type:	Journal Article
Title:	Sentencing Indigenous offendersResearch brief (Indigenous Justice Clearinghouse)
Authors:	Anthony, Thalia
Keywords:	Perpetrators;Indigenous issues;Legal issues;Cross-cultural
Year:	2010
Publisher:	Indigenous Justice Clearinghouse
Citation:	No. 7
Notes:	General Overview: This research brief details the context in which Indigenous people of Australia and New Zealand who are found guilty of crimes are sentenced. It outlines the statutory frameworks that are in place in Australia and New Zealand which set out what must be taken into account when sentencing an offender. This includes the maximum possible penalty for the offence, the nature of the offence and characteristics about the offender including, in some circumstances, cultural background. It is at the discretion of the courts whether or not these factors are taken into account. These can impact greatly on the length of the sentence. The brief details the cases where Indigenous disadvantage has been taken into account in Australian courts. It also discusses the cases where Indigenous lore and traditional forms of punishment are incorporated into the legal system. Finally, the paper discusses the current rates of Indigenous sentencing that are much higher in both Australia and New Zealand despite efforts to incorporate Indigenous culture into legal processes.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/16842
Physical description:	8p
Appears in Collections:	Journal Articles

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