Sentencing, Punishment and Indigenous People in Australia

Cunneen, C. (2018) ‘Sentencing, Punishment and Indigenous People in Australia’ Journal of Global Indigeneity, 3(1).

24 Pages Posted: 14 Aug 2018

See all articles by Chris Cunneen

Chris Cunneen

Jumbunna Institute for Indigenous Education and Research,University of Technology Sydney; University of New South Wales, School of Social Sciences; James Cook University - Cairns Campus

Date Written: April 30, 2018

Abstract

This paper discusses the sentencing and punishment of Indigenous peoples in settler colonial states, most notably Australia. The paper begins by critically analysing the way non-Indigenous courts have narrated the sentencing of Indigenous people, particularly through what on the surface would appear to be relatively beneficial considerations of disadvantage and the impact of colonialism. It then discusses what are generally referred to as Indigenous sentencing courts. Finally, it reflects on healing as an Indigenous response to social harm. Essentially existing outside of the formal court and correctional systems, healing approaches have grown over recent decades as both an alternative to the philosophical underpinnings of Western punishment, as well as providing practical alternatives to mainstream non-Indigenous correctional policies and practices.

Suggested Citation

Cunneen, Chris, Sentencing, Punishment and Indigenous People in Australia (April 30, 2018). Cunneen, C. (2018) ‘Sentencing, Punishment and Indigenous People in Australia’ Journal of Global Indigeneity, 3(1). . Available at SSRN: https://ssrn.com/abstract=3218793

Chris Cunneen (Contact Author)

Jumbunna Institute for Indigenous Education and Research,University of Technology Sydney ( email )

15 Broadway, Ultimo
PO Box 123
Sydney, NSW 2007
Australia

University of New South Wales, School of Social Sciences ( email )

Kensington, New South Wales 2052
Australia

James Cook University - Cairns Campus ( email )

PO Box 6811
Cairns, Queensland 4870
Australia

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