Aborigine Criminal Justice

Paper Summary:

In many contemporary tribal communities, dual justice systems exist. One is based on what can be called an American paradigm of justice and the other is based on what can be called an indigenous paradigm. The paper shows that the Australian legal system is beginning to recognize the establishment of the Aborigine indigenous communities and hopes to develop programs that investigate legal issues in a more culturally sensitive manner. Canada has also encountered cultural problems in their justice system with the sentencing of aboriginal offenders and is working to implement alternative sentencing measures for Aborigine offenders. Many other countries are following Australia and Canada's lead. The paper details the Aborigine indigenous justice system which is based upon a holistic philosophy.

From the Paper:

"The model of the American justice system is different from the Aborigine's because there is a concentration of frequent separation of powers. Politics and religion are to remain separate states, therefore, any spiritual needs of the offender or victim are not the responsibility of the court. The victim is often overlooked, while the system concentrates on serving justice and punishing the offender of the crime. Many of those who study indigenous justice systems are beginning to advocate that the community must begin to participate actively in handling both the criminal and the victim (LaPrairie, 1998)."

More papers on Aborigine Criminal Justice:

• Term Paper # 100312 : "Racial Discrimination in the Criminal Justice System"
• Term Paper # 134349 : "Section 718.2 (e) of the Criminal Code of Canada"
• Essay # 87613 : "Aboriginal Peoples and Canadian Institutions"

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