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Cunneen, Chris --- "Colonial Processes, Indigenous Peoples, and Criminal Justice Systems" [2013] UNSWLRS 19

Last Updated: 22 March 2013

Colonial Processes, Indigenous Peoples, and Criminal Justice Systems

Chris Cunneen University of New South Wales


This paper is available for download at Available at
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2218865

Citation

This paper is to be published in M. Tonry and S. Bucerius (Eds), The Oxford Handbook of Ethnicity, Crime, and Immigration. New York: Oxford University Press, Forthcoming. This paper may also be referenced as [2013] UNSWLRS 19.

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.