Indigenous Peoples, Criminology, and Criminal Justice

Posted: 18 Jan 2019

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

Juan Marcellus Tauri

University of Waikato - Faculty of Arts and Social Sciences

Date Written: January 2019

Abstract

This review provides a critical overview of Indigenous peoples’ interactions with criminal justice systems. It focuses on the experiences of Indigenous peoples residing in the four major Anglo-settler-colonial jurisdictions of Australia, New Zealand, Canada, and the United States. The review is built around a number of key arguments, including that centuries of colonization have left Indigenous peoples across all four jurisdictions in a position of profound social, economic, and political marginalization; that the colonial project, especially the socioeconomic marginalization resulting from it, plays a significant role in the contemporary over-representation of Indigenous peoples in settler-colonial criminal justice systems; and that a key failure of both governments and the academy has been to disregard Indigenous peoples responses to social harm and to rely too heavily on Western theorizing, policy, and practice to solve the problem of Indigenous over-representation. Finally, we argue that little will change to reduce the negative nature of Indigenous–criminal justice interactions until the settler-colonial state and the discipline of criminology show a willingness to support Indigenous peoples’ desire for self-determination and for leadership in the response to the social harms that impact their communities.

Suggested Citation

Cunneen, Chris and Tauri, Juan Marcellus, Indigenous Peoples, Criminology, and Criminal Justice (January 2019). Annual Review of Criminology, Vol. 2, pp. 359-381, 2019. Available at SSRN: https://ssrn.com/abstract=3317428 or http://dx.doi.org/10.1146/annurev-criminol-011518-024630

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

Juan Marcellus Tauri

University of Waikato - Faculty of Arts and Social Sciences

Hamilton, 3214
New Zealand

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