Indigeneity, sovereignty, and the law: challenging the processes of criminalization

Cunneen, Chris (2011) Indigeneity, sovereignty, and the law: challenging the processes of criminalization. South Atlantic Quarterly, 110 (2). pp. 309-327.

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Abstract

The processes of criminalization lay the foundation for creating significant disadvantage among Indigenous people across the former settler societies of Australia, New Zealand, and North America. Yet the massive incarceration of Indigenous people has not resulted in ensuring the safety of individuals within Indigenous communities. Imposed criminal justice systems have not ensured the maintenance of social order in Indigenous communities. This essay explores the relationship between Indigenous sovereignty and Indigenous overrepresentation in the criminal justice system.

Throughout Australia, the United States, Canada, and New Zealand, Indigenous communities continue to exercise authority or have at least attempted to develop localized methods of dealing with problems of social disorder. Indigenous practice has provided us with the opportunity and the necessity to rethink the possibilities of a postcolonial relationship between criminal justice institutions and Indigenous communities. The essay argues that the recognition of Indigenous claims to governance offer the possibility of new ways of thinking about criminal justice responses to entrenched social problems like crime.

Item ID: 15433
Item Type: Article (Refereed Research - C1)
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ISSN: 0038-2876
Date Deposited: 20 Jun 2011 22:57
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180101 Aboriginal and Torres Strait Islander Law @ 100%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940405 Law Reform @ 50%
94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940499 Justice and the Law not elsewhere classified @ 50%
Citation Count from Web of Science Web of Science 2
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