ipl-logo

The Pros And Cons Of Indigenous Traditional Law

218 Words1 Pages
Recognising Indigenous traditional law will strengthen traditional authority within Australia indigenous community and help to maintain order particularly for the traditionally oriented person because customary punishments will be understood in terms of traditional values (ALRC report, 31 1986). Making punishment more applicable and having significant impact upon individuals (ALRC report, 31 1986). Acknowledging customary laws can also help with interrogations issues faced by indigenous people. Language barriers and an inadequate understanding of Australian criminal justice system can lead to individuals providing authority figures with responses that are anticipated rather than what occurred (Debelle, 2008). Police conducting interviews can
Show More
Related
1583 Words | 7 Pages

The following essay will aim to address several issues in regards to the Royal Commission into Aboriginal Deaths in Custody (RCIADIC). The first issue of focus will identify how the RCIADIC links policies and practices of colonisation to Aboriginal people’s deaths in custody. Such policies and practices includes segregation, protection and assimilation. This will be followed by identifying how the RCIADIC recommends that relations between First Australians and police could be improved before discussing one such recommendations effectiveness of implementation in New South Wales. Segregation, protection and assimilation are all policies that have been linked to Aboriginal people’s deaths while in custody.

Read More
677 Words | 3 Pages

Mrs. Smythe “would kill me, then she’d go after you” (13), Mr. Smythe says when Will wants to hitch a ride home. These examples show he vast differences in ability between white and aboriginal culture to be there to guide and protect their youth from unsafe risk-taking

Read More
1011 Words | 5 Pages

Background: The case focuses on an appeal formed by the decision of the Criminal Injuries Compensation Board based on the applicant Frank Desmoulin. Desmoulin is an aboriginal man who resided in St. Joseph’s Training School in Alfred for a duration of 11 months from 1965-1966, where he endured physical and mental abuse. Desmoulin had been severely beaten on several occasions, forced to kneel all day, handcuffed while forced to face the wall, and was a victim of countless other abusive treatment while attending St. Joseph’s Training School. Following up into his adult years, Desmoulin has had multiple run ins with the law, forming a lengthy criminal record.

Read More
783 Words | 4 Pages

This highlights how the acquisition of rights for Aboriginal people was a fractured process as they still faced discrimination in the wake of changes that were meant to work in their favor. Although the Referendum did not increase the rights of Aboriginal people, it is still important in the Aboriginal Rights movement as it created the possibility for the Federation to create laws that could benefit or support Aboriginal

Read More
1297 Words | 6 Pages

[9] The authors contend that the Australian Constitution has historically been used to marginalize Indigenous Australians and that any attempts at constitutional change must be cognizant of this history. The authors argue that the current constitutional framework in Australia needs to be revised to address Indigenous issues, particularly concerning the recognition of Indigenous rights and the participation of Indigenous Australians in the political process. They contend that a First Nations Voice to Parliament and a Makarrata Commission are essential components of constitutional change in Australia. They would provide a framework for Indigenous self-determination and recognizing Indigenous

Read More
593 Words | 3 Pages

Native Tribes in the United States have long enjoyed sovereignty emanating from the penumbra of the 11th amendment, which states that the judicial powers of the United States shall not be extended to sovereign nations or their citizens. Further, under precedents established by the Supreme Court, Native Tribes have long been recognized as foreign states by the federal government, and they are thus granted sovereign immunity from laws and statutes passed at both the state and federal level. This sovereign immunity is also extended to all members of tribes and also those acting within the interest of a respective tribe. FACTS OF THE CASE William Clarke, an individual employed by Mohegan Tribal Gambling Company, was driving a limousine owned

Read More
512 Words | 3 Pages

International prison population statistics have found that the female prison population is increasing at a faster rate than the male prison population. Research has confirmed that, in the majority of countries, the male imprisonment rate is predominantly larger than that of the female imprisonment rate, however this does not apply to indigenous women within Australia. Overwhelming research shows that the imprisonment rate for indigenous women within Australia has increased at a significantly faster rate compared to indigenous males, most clearly highlighted through the general trends in prison rates within the last decade. This essay will discuss how the presence of indigeneity plays a key role in explaining the disparity between male and female imprisonment rates, further explaining why indigenous women are incarcerated at significantly highly rates. Moreover, there are numerous sociological and criminological theories, which provide an explanation for the disparity of male and female imprisonment rates.

Read More
1483 Words | 6 Pages

For instance, a Queensland study on the ethnicity of young people moved on has found that Indigenous background represent the 37% of respondents, despite the fact that Indigenous youth only accounts for the 4% of Queensland youth population (Spooner 2000, 27). This over-representation may be resulted from the ‘moral panic’ framed in our society and ideal to govern the risk in our society. According to White (1999, 39), the greater surveillance and intervention of Indigenous young people in public places is due to their high levels of contact with the criminal justice system. The overrepresentation of indigenous people in the criminal justice system may cause their generalisation as a greater threat for public order compared to others in society, which may lead their representation as ‘moral panic’ and the increase in community’s anxiety of this group.

Read More
1190 Words | 5 Pages

Abstract Being an aborigine in a white dominated society is a complicated identity. Australia, one of the white governed nations, also owns many aboriginal tribes. They lived harmonious lives in the early period. But European colonization has made a profound effect on the lives of Aboriginals in Australia, which led to the total demolition of their native culture, identity and history. As a result the new generation Aboriginals have lost their Aboriginal heritage and have been accepted neither by Aboriginals nor by whites.

Read More
407 Words | 2 Pages

I am here to talk about how customary law also can be known as the ATSI in Australian links to other indigences colonies around the world. And how the aboriginal Australian link to New Zealand Maori people and how they are linked to one another. Aboriginal societies, and which regulate human behaviour, mandate specific sanctions for non-compliance, and connect people with the land and with each other, through a system of relationships. Some of the different laws between indigenous colonies around the world are that aboriginal. So of the links between customary law in Australia and the US is that they are both the “supreme law of rights and laws for the indigenous people of the land.

Read More
416 Words | 2 Pages

One Australian minority group that has been effected drastically is that of Indigenous Australians. Indigenous Australians are the traditional custodians of the land and have living in Australia for over 40,000 years. Since the arrival of white settlers in the late 18th century, their culture has been subject to a high degree scrutiny. Using the Australian ethnocentrism scale, it has been concluded that white Australians held negative attitudes towards Indigenous Australians (Beswick, Hills 1972). A popular negative attitude that can be viewed in today’s society is that

Read More
1407 Words | 6 Pages

Aboriginal women and domestic violence has a strong correlation. When comparing the extent and severity of violence against Aboriginal women and non-Aboriginal women there is evidence proving that the Aboriginal women have a great chance of facing domestic violence during the duration of their lifespan in comparison to the non-Aboriginal

Read More
1766 Words | 8 Pages

Public Law 83-280 was passed by Congress in 1953 to provide some states criminal jurisdiction over Native Americans living on reservations and to allow state courts to handle civil cases that had previously been handled by tribe or federal courts. The bill did not provide states the authority to regulate tribes or properties held in trust by the federal government, nor did it offer them the authority to impose state taxes or confer federally guaranteed tribal hunting, trapping, and fishing rights. From 1953 to now, Native American law and jurisdiction have been changed drastically through the U.S. congress and new court cases that helped shape the modern-day Native American law and jurisdiction system. The system is now independent and responsible

Read More
700 Words | 3 Pages

A large majority of Australians have been presented with a version of Australian history that has minimised and ignored important events regarding Aboriginal people that include many violent and painful deaths that until recently have been hidden quietly. History is extremely important in forming cultural identity which in turn leads to an increased sense of security and belonging. Therefore a need for shared history is required in Australia for recognising the history of both Aboriginal and non-aboriginal people (Gore, 2008). When studying the history of Australia it is important to recognise that it is a shared history. The shared history of Australia acknowledges that the history of Australia began long before the British started to

Read More
1507 Words | 7 Pages

Until recently, the western trained archaeologist and anthropologist constructed the identities and histories of the Aboriginal people. The western hegemony which still existed in the anthropological and archeological practice effectively silenced the indigenous voices. The identity of the Indigenous Australians does not rest in an imagined Australian Aborigine, but in the multiplicity of names and identities. However, Anthropology is instrumental in constructing the one Aboriginal identity through the operation of language. Therefore, the Aboriginal people, who became one in order to redefine their cultural identity, seek to re-appropriate their past from the colonialist anthropological and historical narratives.

Read More

More about The Pros And Cons Of Indigenous Traditional Law

Related Topics

Open Document