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Aboriginal justice systems
Aboriginal justice systems
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More handpicked essays just for you.
Aboriginal justice systems
Aboriginal justice systems
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Aboriginal and Torres Strait Islander customary law does not specifically receive recognition in the Australian constitution and references that allow racial discrimination by the commonwealth are still present in the constitution. Societies views are changing and the importance of Aboriginal and Torres Strait Islander customary law and culture is now becoming more important as it is believed that the legal system must reflect the people it serves. Customary law is still seen as the soft version of the justice system by many people so the idea of integrating it into Australian law isn’t supported by many individuals. Circle sentencing is one way that aboriginal customary law is beginning to be integrated into the legal system as it is allowing aboriginals to achieve justice in a more traditional way while still abiding by the Australian constitution. 5.
Some women are afraid for their lives, that if they leave their partner, they or their family will be harmed. In Heavenfire’s case, she truly loved and cared for Falardeau and did not want to see him go to jail for his crimes. Falardeau financially supported Heavenfire and she did not want to involve her family for support if she were to leave Falardeau. Heavenfire’s was an exceptional case as she was the first aboriginal to be cleared of all charges in her husband’s killings. Inequality in the criminal justice system is evident.
The judge sentenced him six years’ incarceration followed by an LTSO after being designated a long-term offender. Also, once he was released, he committed an offense while intoxicated, and the Court of Appeal dismissed his appeal too. Later this case came to the Supreme Court of Canada, where the judge made the decision in his favor. This case revolves around the principles governing sentencing of Aboriginal offenders. Specifically,
The Oka Crisis was one of the most controversial disputes between government and aboriginal people to date. This essay will show how the police handled the situation, how the aboriginal people handled the situation and the impact it made on the world. The Oka crisis started in 1851 when the people of Kanehsatà:ke sent a letter to protest how they were being treated by the Seminary of St. Sulpice to the highest British civil authority in North America. They wanted the civil authority of an Indian agent to replace the seminary’s religious authority. Their letter was ignored which lead to a tense relationship between the government and the aboriginal people.
Aboriginal and Torres Strait Islander women experience unfavourable disadvantages in accessing courts. There are numerous barriers that they face exclusively. Indigenous women are subjected to horrific high levels of violence within their communities. A recent analysis conducted by Curtin University researcher found that Aboriginal women in Australia are 37 times more likely to be admitted in hospital for domestic violence assaults compared to non-Aboriginal women. The Northern Territory has the highest rate of hospitalisation which is 86 times higher for aboriginal women.
There are many theories that could provide an expatiation to overrepresentation of Aboriginal people in justice system. First is the culture clash theory that was purposed by the Royal Commission on Aboriginal Peoples (RCAP) (1996), this theory suggests that the overrepresentation occurs when Aboriginal people’s value does not fit to justice system, due to the fact that Aboriginal people concept of justice is different than Euro-Canadian concept. An example of culture clash theory that contributes in overrepresentation of Aboriginal people is a result of non-Aboriginal people understanding the cultural norms of an Aboriginal community. An example of differences in Aboriginal community and non-Aboriginal community is that for Aboriginal
Demonstrating an understanding when communicating effectively with Aboriginal and Torres Strait Islander people is extremely critical as the negative impacts of past racial and economic disadvantages is something that is still fresh within the minds of indigenous Australians. A series of past government policies, including segregation, displacement and separation of families has contributed to heart ache and torment which has caused mistrust held by Aboriginal and Torres Strait Islander people towards government agencies and non-indigenous Australians. In today's dominant Western society, Aboriginal and Torres Strait Islander people continue to be a marginalised and socially disadvantaged. Compared to other Australians, Aboriginal and Torres
In the early 1960’s America was all about civil rights movements and the treatments of all individual’s, equality. Which finally made Canada question its treatment towards aboriginal people. The way they came across was at first logical interviews and questions directly to First nations people across Canada. the final product was a paternalistic demand of hierarchy which did not respect aboriginal rights or treaty agreements what so ever.
Dear Parramatta City Council 27/02/2024. I hope you're doing well! I am writing this letter to address how we should include Aboriginal gardening in our local community and building bee hotels to protect and restore biodiversity. As a resident of Parramatta, I believe adding Aboriginal gardening to our local community and building bee hotels to restore biodiversity can do a lot of good things. Aboriginal gardening is not just about growing plants, it's about respecting and celebrating Aboriginal culture.
Aboriginal people continue to be victimized and incarcerated at much higher rates than non-Aboriginal people. The overrepresentation of Canadian Aboriginal people in the criminal justice system is a question that has not yet been answered. This research paper will focus on the risk factors experienced by many Aboriginal people, residential school experiences, and institutional racism, and their roles in the overrepresentation of Canadian Aboriginal people in the criminal justice system. The Canadian government system has tried to deal with this issue, but looking at the high rates of overrepresentation, there approach has not been successful.
Belonging to the land and to each other is fundamental to Aboriginal and Torres Strait Islander people and their culture. Connections with the land, families, clans and communities are at the core of Aboriginality. It is through these connections that nurture belonging from which Aboriginal peoples identities and cultures emerge.
Canada is known for its amazing healthcare and it is considered one of the best in the world. In Canada, healthcare is ‘universal’ to its citizens under the Heath Care Act. However, not everyone has equal access to healthcare, Aboriginals being some of them. Aboriginals have trouble getting the access they need because of socio-economic status, geography, lack of infrastructure and staff, language or cultural barriers an more. Aboriginals on reserve face many barriers when it comes to access to healthcare, they include cost, language, distance, climate, education and more.
The Impact of Domestic Violence on the Aboriginal Community Domestic violence in Aboriginal community is a cause for concern regarding Aboriginal women 's health and safety. According to Kubik, Bourassa, and Hampton (2009) “In Canada, Aboriginal women have faced destruction in their communities and families as a result of multiple forms of oppression. Aboriginal women experience the highest rates of violence and abuse of any population in Canada”(p.29). Domestic violence is defined by Merriam-Webster’s Online Dictionary (2015) as “ the inflicting of physical injury by one family or household member on another; also: a repeated or habitual pattern of such behavior”. The objective is to look at the cause of domestic violence aimed at Aboriginal
When communicating with Aboriginal and Torres Strait Islander people it is of upmost importance to build and maintain respectful relationships. This can be done by ensuring that you avoid using complicated words that they are not going to understand. Time is also important when communicating making sure that you are not rushed when talking. Lengthy periods of silence are welcomed and respected as this gives them time to understand what has been asked. Some hand gestures and facial expressions used by Aboriginal and Torres Strait Islander people have different meanings in the western culture in which you need to be aware of.
The indigenous people of Australia, are both heavily traditional people, who have had to face some issues regarding communication, health, stereotypes as well as human right breaches. Aboriginals and Torres Straight Islanders are the indigenous Australians that are descended from families that inhabited Australia and its surrounding islands before the British colonized Australia. The indigenous Australians have inhabited Australia for around 60,000 years. There are several hundred indigenous Australian languages, and some are on the brink of extinction. There was originally 500 separate ‘nations’ which held different cultures, beliefs and languages.