Indigenous

Indigenous concerns have been an impetus for the implementation of restorative practice in the Pacific, with the conferencing process growing out of Maori tradition.

. Circle of support and accountability. Towards indigenous justice: Prevention, diversion, and rehabilitation.

The purpose of this report is to stimulate a shift in thinking within Government and the broader community about crime prevention and diversion. In particular, it is to stimulate a re-conceptualisation of crime prevention as social support, with a particular focus on early intervention. For too long, prevention has been considered ‘too “soft” for a problem as “hard” as crime’. This is despite research which clearly demonstrates the effectiveness of social support in reducing crime. Many community organisations are currently engaged in providing social support services which have a crime prevention function. Most of them do not define their work in this way, nor measure the success of their programs in terms of crime prevention, or receive funding from crime prevention grants funding. We hope through this report, and related advocacy and community development work, to encourage Government and community organisations to see social support services in this way. (excerpt) Includes restorative justice project.

. In courtroom 7 -- The children's Koori Court at work. Findings from an Evaluation.

This article reports some of the findings of an evaluation of the Children’s Koori Court (CKC)—the first legislated effort in Australia to involve the Indigenous community in the sentencing of young Aboriginal offenders as a strategy for reducing their overrepresentation in the juvenile justice system. A prominent feature of this court of summary jurisdiction is that the presiding magistrate, while remaining the sentencing authority, is assisted by Aboriginal Elders. This article focuses on the evaluation findings that were derived from observations of the CKC in action. They indicate that the operational objective of cultural responsiveness was realized. They also point to realization of the community-building goal—fostering Indigenous ownership of the administration of the law. Little slippage was found between the CKC’s design and operation, although some areas of improvement were identified. Nevertheless, the scope for the CKC by itself to significantly reduce overrepresentation is limited. (Author's abstract)

. Indigenous Sentencing Courts.

This brief focuses on Indigenous sentencing courts, which operate in all Australian states and territories except Tasmania. These courts have been established according to protocols and practices, and can be distinguished from more informal practices that occur in remote areas where judicial officers travel on circuit. The first court was established in Port Adelaide on 1 June 1999. Indigenous sentencing courts do not practise or adopt Indigenous customary laws. Rather, they use Australian criminal laws and procedures to sentence Indigenous offenders who have either pleaded guilty or been found guilty, but they allow Indigenous Elders and Respected Persons to participate in the process, thereby creating a more culturally appropriate forum for sentencing Indigenous offenders (Auty 2004). (excerpt)

. Police diversion of young offenders and Indigenous over-representation.

This study aimed to contribute to the emerging literature examining disparity in the use of police diversion and whether the impact of police diversion on re-contact varies based on Indigenous status. The study addressed three research questions: • What proportion of Indigenous and non-Indigenous young people had contact with the juvenile justice system and what was the extent of this contact? • What processes were used to respond to offending by Indigenous and non- Indigenous young people and was there disparity based on Indigenous status? • What impact did police diversion have on re-contact with the juvenile justice system for Indigenous and non-Indigenous young people? (excerpt)

. Promising interventions for reducing Indigenous juvenile offending.

A range of measures (including diversion and juvenile conferencing programs) has recently been implemented to reduce the over-representation of Indigenous juveniles in detention, and minimise the contact of juveniles with the formal criminal justice system. Diversionary measures can only have a limited impact, however, and reducing offending and reoffending have been identified as critical factors to address if the over-representation of Indigenous juveniles is to be reduced (Allard et al. 2010; Weatherburn et al. 2003). While acknowledging that other measures designed to reduce the over-representation of Indigenous juveniles are important, this paper reviews the evidence on policies and programs that reduce offending by Indigenous juveniles in Australia. Where relevant, research from comparable jurisdictions, such as New Zealand and Canada, is also discussed. (excerpt)

. Victoria's neighbourhood justice centre.

Experience with community justice centres suggests that they can have a significant effect on the quality of local community life (Berman 1998). Indigenous communities, being particularly conscious of a community sense of justice, may find the approaches used in community justice centres particularly appropriate. In the context of a growing array of approaches to Indigenous justice (including Indigenous courts) in Australia, community justice centres would seem to have considerable potential for improving the life of Indigenous communities. This paper provides the global context for the establishment of the Victorian Neighbourhood Justice Centre (NJC) and details its rationale, operation, and results. (excerpt)

Aboriginal Healing Foundation. Residential Schools and the Intergenerational Legacy of Abuse.

"Unresolved trauma continues to affect individuals, families, and communities. Intergenerational or multigenerational trauma happens when the effects of trauma are not resolved in one generation, allowing patterns of abuse to continue. The patterns of abuse that are passed from one generation to the next include not only physical and sexual abuse but also low self-esteem, anger, depression, violence, addictions, unhealthy relationships, fear, shame, compulsiveness, lack of good parenting skills, body pain, and panic attacks. "Breaking the cycle of abuse that began in residential schools is essential if Aboriginal communities are to be healthy, loving places in which children can be raised with love. Stopping abuse and helping families learn how they can support their own well-being is the dream of many Aboriginal people, and it is what the mission statement of the Aboriginal Healing Foundation is all about." (excerpt)

Arkwright, Norman. Restorative Justice in the Solomon Islands

Arkwright discusses the sources of conflict in the Solomon Islands and the ways in which solutions proposed by the government has undermined the meaning and importance of traditional conflict resolution processes that included restitution. The government has taken the responsibility for repaying people for property lost in the conflict and has invited submissions. The result of this is an undermining of traditional conflict resolution processes. The payment of large amounts of money as compensation from the losses das changed the focus of many people from reconciliation to compensation. Arkwright outlines the disastrous effects this can have.

Australian Institute of Criminology. Justice Programs for Aboriginal and Other Indigenous Communities.

Papers from the 1985 Australian Aboriginal Criminal Justice Workshop address legal problems in Australian Aboriginal communities; regulation in Fiji, Papua New Guinea, New Zealand, Canada, and Australia; the impact of colonialization on Aboriginal crime, self-determination in justice matters, legal services, the impact of incarceration, police relationships, the involvement in local social control in Fiji, Papua New Guinea, and New Zealand; the disproportionate involvement in the Canadian justice system; projects that increase involvement in the administration of criminal justice in Australia, future planning needs and research issues, and enabling legislation of some programs.

Banks, Cyndi. Victims in the Village: Aspects of Restorative Justice in Papua New Guinea

In the villages of Vanimo West Coast, Papua New Guinea, restorative justice processes continue to adhere to traditional practices and beliefs. The article examines how modernization has influenced traditional restorative practices and in particular how the criminal justice system is perceived and used by indigenous peoples. It also identifies the kinds of acts considered injurious, traditional restorative justice practices, and modern attitudes and practices by victims seeking justice. Villages have maintained a private/public distinction in their disputes, keeping disputes between close kin private, and publicizing others. Traditionally, disputes made public would be taken to the Chief. Today, in some cases, the courts and the community government council are the chosen forums for publication. Sometimes a victim seeks only to shame the offender by making the dispute public, this being an end in itself. The article makes explicit the capacity of victims for adaptation and the continued resilience of custom in resolving grievances. Abstract courtesy of Natinal Criminal Justice Reference Service, www.ncjrs.org.

Bargen, J. Critical View of Conferencing

A critique of two new criminal justice initiatives, sentencing circles in Canada and family group conferences in Australia, is presented. Sentencing circles in Canada involve a process whereby community members recommend the sentence in cases involving other members of the same community. Family group conferences in Australia allow persons directly affected by crime to actively participate in dealing with the consequences of crime. Both collective and individual accountability for offending behavior. Both initiatives are evaluated in terms of their implications for aboriginal and indigenous communities.

Blagg, Harry. Crime, Aboriginality and the Decolonisation of Justice

"Crime, Aboriginality and the Decolonisation of Justice explores contemporary strategies which might diminish the extraordinary levels of imprisonment and victimisation suffered by Aboriginal people in Australia. Harry Blagg's book argues that enhancing Aboriginal ownership and control over justice and justice-related processes is a key factor and focuses on ways this can be achieved. He explores the potential for 'hybrid' initiatives in the complex 'liminal' space between Aboriginal and non-Aboriginal domains, for example Aboriginal community/night patrols, community justice groups, healing centres and Aboriginal courts. Blagg disputes the relevance of the western, urban, criminological paradigm to the Aboriginal domain, and questions the application of both contemporary innovations such as restorative justice and mainstream models of policing. He also refutes allegations that Aboriginal customary laws condone violence against women and children, pointing to the wealth of research to the contrary, and suggests these laws contain considerable potential for renewal and healing." (Editor's note)

Bowen, Helen. 2008. Restorative and Healing Justice in Aotearoa - a way forward for schools.

This paper is an attempt to encourage schools to examine their culture of conflict; and to seek out inspired leaders from school communities to develop principled models of restorative intervention.

Briggs, Daniel and Auty, Kate. Koori Court Victoria – Magistrates Court (Koori Court) Act 2002.

The introduction of Koori Courts in Victoria pursuant to the Magistrates Court (Koori Court) Act 2002 has not been without its detractors and like all change, is attended by controversies. Steps which attempt to ‘move the law along’ (as if she were an old bag lady), are often seen as a threat to the legitimacy of the legal system. Before we even commenced sitting at Shepparton by the Bayunga or Koriella river, known to non-Aboriginal people as the Goulburn, our regional Koori court was the subject of criticism with members of the legal profession commenting that Aboriginal people would not be able to find their way to the court, or that they would ‘go walkabout’ on the day of the hearing (Herald Sun 6/5/2002). This early criticism was met by much positive commentary (The Age October 2002). Nevertheless criticism continued, when a senior member of the Victorian bar, citing the establishing Act incorrectly, suggested that the Koori Court ‘tipped the scales’ and provided ‘luxury’ or ‘special’ courts and some ill-defined special regime of sentencing options (Galbally, Herald Sun 13/3/2003). He also contrasted the banning of Father Christmas from child-minding centres with the Koori Court initiative. The Victorian Attorney General, Rob Hulls criticised the ‘impaired logic’ which underpinned this commentary (Herald Sun 14/3/2003). It is timely to put the controversy and distractions to one side and start seriously considering what we do in the Koori Court in Victoria. (excerpt)

Brignell, Georgia and Smart, Jane and Lawrie, Rowena and Brignell, Georgia and Potas, Ivan and Lawrie, Rowena and Thomas, Brendan and Brignell, Georgia and Smart, Jane and Potas, Ivan. Circle Sentencing in New South Wales: A Review and Evaluation

Part 1 presents the background and concept of circle sentencing. The process involves community members and offenders coming together to discuss the offense, the offender, and the consequences of the offense. The goal is to jointly arrive at an appropriate sentence for the offender. This justice process enjoyed success in Canada, spurring officials in New South Wales to adapt the process for use with Australian Aboriginal communities. A pilot circle sentencing initiative was undertaken at Nowra beginning in February 2002. The pilot program had 13 offender participants: 11 male and 2 female offenders. Part 2 reviews the circle sentencing procedures used in Nowra. Eight case examples of circle sentencing proceedings are presented throughout part 2 in order to demonstrate its practice. The case studies describe the circumstances of the offense, the proceedings, the sentence, and the progress reports at follow-up. Part 3 presents program evaluation results for the first 12 months of the programxe2x80x99s operation. Participants in circle sentencing were surveyed throughout 2002. Surveys were completed by community members, defense solicitors, police, prosecutors, the magistrate, defendants, and victims. The evaluation indicates that circle sentencing in Nowra has been effective in many ways. This type of justice model has been effective at reducing barriers between the courts and Aboriginal people; raising the level of support for Aboriginal people; incorporating victim support; empowering the Aboriginal community; offering relevant sentencing options with community support; and reducing recidivism. Part 4 assesses the role of circle sentencing in New South Wales given the success of the first circle sentencing pilot program. Given the positive results of the program, the only deficit discovered was the time commitment required to process an offender through circle sentencing. Abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.org.

Connolly, Marie. A Perspective on the Origins of Family Group Conferencing

It is widely acknowledged that family group conferencing originated in Aotearoa New Zealand with the introduction of the Children, Young Persons and Their Families Act 1989 and its creation of the family group conference. However, says Marie Connolly, what gave rise and shape to this development is a far more complex question. It is that question she explores in this paper. Toward that end, she looks at cultural issues at the heart of practice changes in Aotearoa New Zealand. Specifically, she discusses the place of the child in Maori society and the child’s relationship to familial kinship structures in Maori culture, and the ways in which New Zealand child welfare legislation and policy before the 1989 Act misunderstood or ignored that place and that relationship.

Cunningham, Teresa. Pre-court diversion in the Northern Territory: impact on juvenile reoffending.

A juvenile pre-court diversion scheme was introduced in the Northern Territory in 2000. Administered by police, it uses warnings and conferences to divert selected juveniles from the court process. This paper reports on an analysis of Northern Territory police records on 3,597 apprehended juveniles over a 5 year period. Findings showed that the great majority of juveniles (76%) did not reoffend within the first year after their initial diversion or court appearance. However, there were significant differences between juveniles who attended court and those who were diverted, both in terms of risk of reoffending and time to reoffending. Those who were diverted reoffended less than those who attended court and those who went to court reoffended more quickly. Property offenders who attended court were 30 percent more at risk of reoffending than violent offenders. Further work is required to see if the different effects for court versus diversion remain if prior offending history is taken into account. The significant differences in offending related to age, gender, Indigenous status and location confirm the need for specific responses to particular groups of juveniles. (author's abstract)

Daly, Kathleen and Proietti-Scifoni, Gitana. Defendants in the Circle: Nowra Circle Court, the presence and impact of Elders, and re-Offending.

The first Indigenous sentencing court was established in 1999 in South Australia, and as of mid-year 2008, about 40 adult courts are operating around Australia. A growing literature has mapped jurisdictional variation, analysed the courts’ processes and outcomes, and attempted to estimate differences in re-offending compared to conventional courts. This Report presents the first qualitative study of how Indigenous offenders view the court process and the role of Indigenous Elders, with reference to the Nowra Circle Court in New South Wales, established in 2002. (excerpt)

Daly, Kathleen. Analysis of Australian Indigenous Imprisonment and Demographic Information

Two charts showing information about the Australian Indigenous population's rate of imprisonment from 2001 to 2008.

Dinnen, Sinclair and Cain, Tess Newton and Jowitt, Anita and Cain, Tess Newton. A Kind of Mending: Retorative Justice in the Pacific Islands

This collection of essays grew out of the conference ‘Restorative Justice and Conflict Management in the Pacific Islands’ hosted by the State, Society and Governance in Melanesia Project at Australia National University and the Law School of the University of South Pacific. The group of academics, criminal justice professionals, and community activists discusses restorative justice as a viable option for the Pacific Islands because it resonates with traditional processes and practices. This optimism is reinforced by descriptions of innovative practices used to resolve conflict situations in recent history. At the same time, several writers caution against the assumption that traditional practices or attitudes are automatically restorative.