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Colonial Processes, Indigenous Peoples, and Criminal Justice Systems

In M. Tonry and S. Bucerius (Eds), The Oxford Handbook of Ethnicity, Crime, and Immigration. New York: Oxford University Press, pp. 386-407

UNSW Law Research Paper No. 2013-19

22 Pages Posted: 17 Feb 2013 Last revised: 4 May 2015

Chris Cunneen

University of New South Wales (UNSW) - Faculty of Arts and Social Sciences and Faculty of Law; James Cook University - Cairns Institute

Date Written: 2014

Abstract

This chapter considers the interaction between colonial processes, Indigenous peoples and criminal justice systems. The commonalities in the experiences of Indigenous peoples in white settler societies (Australia, Canada, New Zealand and the US) provide the focus for an exploration of the implications of the colonial process for understanding Indigenous contact with western criminal justice systems across a number of domains. A fundamental point derived from this exploration is that the politics and outcomes of colonization are not simply of historical interest. Rather, the contemporary relationship between Indigenous people and crime, punishment, and justice is structured by these longer term relationships.

Keywords: Indigenous, Colonisation, Crime, Punishment, Justice

Suggested Citation

Cunneen, Chris, Colonial Processes, Indigenous Peoples, and Criminal Justice Systems (2014). In M. Tonry and S. Bucerius (Eds), The Oxford Handbook of Ethnicity, Crime, and Immigration. New York: Oxford University Press, pp. 386-407; UNSW Law Research Paper No. 2013-19. Available at SSRN: https://ssrn.com/abstract=2218865

Chris Cunneen (Contact Author)

University of New South Wales (UNSW) - Faculty of Arts and Social Sciences and Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

James Cook University - Cairns Institute ( email )

PO Box 6811
Cairns, Queensland 4870
Australia

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