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Title Indigenous People, Crime and Punishment [electronic resource].
Publication Info. Hoboken : Taylor and Francis, 2013.

Location Call No. Status Notes
 Libraries Electronic Books  ELECTRONIC BOOKS-DDA    AVAIL. ONLINE
Description 1 online resource.
Note Description based upon print version of record.
Contents Cover; Half Title; Title Page; Copyright Page; Table of Contents; Foreword; Preface; Acknowledgements; Table of legislation; Table of cases and inquests; 1.Introduction to Indigenous representations in criminal sentencing; Recognition of the 'Other'; Recognition in a society of denial; Recognition as metaphoric control; Same difference in sentencing: common law and statutory frameworks for recognition; Interplay between discretion to recognize and sentencing statutes; The guises of recognition; Recognition of disparate Indigenous experiences; Shifting penality; Lenience and the tolerant guise
Stronger penalties and the exclusionary guiseVignettes and rationales of analysis; Chapter vignettes; Rationale and limitations of methodology; Conclusion: recognition and the reinvention of the terms of indigeneity; 2.Historicizing colonial and postcolonial Indigenous crime and punishment; Introduction; Constructing the Indigenous criminal on the frontier; Imposing British jurisdiction: land, sovereignty and crime; Legislated exceptionalism: punishment on the body; From body to soul: 'protective' containment; Normalization of Indigenous punishment in the age of assimilation
The spatial field of postcolonial crimeConcluding remarks: state criminalization and the legacy of non-recognition of Indigenous laws; 3.Decolonizing Indigenous crime statistics; Introduction: sentencing, statistics and social relations; Incidence of over-representation; Explaining over-representation and the significance of sentencing; For tougher, for lighter, until statistics do us part; Findings of discrimination in sentencing; Findings of fairness; Implications of sameness in sentencing: difference in criminality
Postcolonial perspectives on overrepresentation: contextualizing and critiquing positivismTranscending positivism: towards a postcolonial sentencing paradigm; The punitive turn in sentencing Indigenous offenders; General features of the punitive turn; From social creatures to individual actors -- responsibilization and risk; Protecting the community through deterrent messages; Ideal victims and serious harms; Implications and limitations of the punitive turn framework for sentencing Indigenous offenders; Conclusion: more than mitigation or aggravation
4.Sentencing away culture and customary marriageIntroduction: culture, custom and culpability; Continuing, transforming and resisting cultures; Culture in the courts; Culture, violence and metaphors of state paternalism; Parliament's privileging of punitiveness above culture; Historical appropriations: cultural exclusion to cultural celebration; Early years of the Northern Territory Supreme Court: disciplining the body; Justice Kriewaldt's adoption of cultural leniency:disciplining the soul; Sentencing from the 1970s: cultural valorization
Note The judicial will to civilize: sentencing contemporary cultural crimes
Reproduction Electronic reproduction. Perth, W.A. Available via World Wide Web.
Added Author Ebooks Corporation
Related To Print version: Anthony, Thalia Indigenous People, Crime and Punishment Hoboken : Taylor and Francis,c2013 9780415668446
ISBN 9781134620487
OCLC # EBC1323316
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