Justice Kriewaldt, Aboriginal Identity and the Criminal Law
Criminal Law Journal, Vol. 26, No. 4, pp. 204-222, 2002
19 Pages Posted: 13 Sep 2007
The criminal justice system continues to encounter dilemmas about how it can appropriately accommodate Aboriginal Australians. Justice Martin Kriewaldt was a judge of the Northern Territory Supreme Court from 1951 - 1960. Little has been written about his legacy however his influence is important and his views continue to inform current debates in criminal justice. During his period on the bench Kriewaldt J frequently struggled with the question of how to understand and distinguish Aboriginal people in relation to the criminal law. This article examines some of the reported and unreported judgements of Kriewaldt J and focuses attention on Kriewaldt J's attempts to identify Aboriginal people in relation to the criminal law.
Keywords: Criminal law, indigenous people. Assimilation.
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