Criminal justice system 'inherently racist' towards Aboriginal people ... it doesn’t respond to Indigenous needs. Constitutional Frameworks - The Treaty of Waitangi 5. It focuses on the experiences of Indigenous peoples residing in the four major Anglo-settler-colonial jurisdictions of Australia, New Zealand, Canada, and the United States. Tikanga Maori and Therapeutic Jurisprudence 8. In various parts of the world, Europeans have used criminal justice systems as a key colonial tool to dismantle and de-legitimise "the social institutions and political aspiration of indigenous people". Indigenous People and the Criminal Justice System, winner of the 2019 Walter Owen Book Prize, takes an expansive view of these issues and their impact to give students the knowledge necessary for a deeper understanding of this area of the law. criminal justice system and have them dealt with in more culturally appropriate and meaningful ways. 1 Three Supreme Court of Canada decisions also reached this conclusion. In the Aboriginal justice system, once the atonement had been made and the offence recognized, the matter was forgotten and harmony within the community was considered restored. Indigenous Justice Systems and Tribal Society. The enactment of the Criminal Code of Colombia, Law 95 of 1936, established that the mainstream criminal justice system would apply to all the inhabitants of the national territory, including indigenous people. 2.4 The overrepresentation of Indigenous youth in the criminal justice system is a national crisis and Commonwealth, state and territory governments must respond rapidly and effectively to prevent current and future generations of young Indigenous people from entering into the criminal justice system. A new report released today by the free market think tank the Institute of Public Affairs: Indigenous Australians and the criminal justice system, examines the very high rate of incarceration among Indigenous Australians.The report makes an original contribution through a renewed focus on core principles of justice and corrections, while being mindful of Indigenous disadvantage. This review provides a critical overview of Indigenous peoples’ interactions with criminal justice systems. In Toronto, the Gladue (Aboriginal Persons) Court was established in 2001 to allow judges to truly respond to Cite this article: Melton, Ada Pecos (2005). Initiatives in Comparative Jurisdictions 7. They have all come to the same conclusion, that the criminal justice system in Canada is failing Indigenous people. Constitutional Frameworks - The United Nations Declaration on the Rights of Indigenous Peoples 6. Their experiences within the system are interwoven with issues of colonialism and discrimination. Māori and Current Criminal Justice Initiatives 4. In Ontario, Legal Aid Ontario has also funded some of these programs. Contemporary American Indian and Alaskan Native people are now faced with making the same commitment to preserve the indigenous justice system the elders maintained and find ways to perpetuate it. 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