aboriginals-and-the-criminal-justice-system.pdf

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StuDocu is not sponsored or endorsed by any college or university Aboriginals AND THE Criminal Justice System Bachelor of Laws (Western Sydney University) Downloaded by Issam El Halbouni ([email protected]) lOMoARcPSD|3226191
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ABORIGINALS AND THE CRIMINAL JUSTICE SYSTEM The rule of law, colonisaion and the indigenous people A key issue for Australians and Australia is the efect of colonisaion on the indigenous inhabitants and the role of criminal law in the processes of colonisaion and dispossession . - The key features of this role are: 1. The iniial virtual suspension of the laws of murder and rape where the vicims were aborigines 2. The enactment of special criminal ofences applicable only to Aborigines NSW was a ‘ setled colony’ rather than one which was acquired by from conquest or treaty – this doctrine was known as Terra Nullius This meant that the colonised land was assumed to be uninhabited or that the people were so primiive and have no laws of their own and no ownership of their land This doctrine persisted unil 1992 when the High Court over turned it in Mabo vs QLD (1992) 107 ALR 1 The legal efect of the doctrine was the English law abided to everyone in the colony including indigenous people H Reynold, Fronier - Murder of indigenous Australians included massacres - Europeans found it an pleasurable excitement to shoot and murder aboriginal people - These occurred also when indigenous Australians resisted the dispossession from their land - Reynolds also describes the treatment of indigenous women (rape, and someimes abducted) o White men frequently took black women from their kin for long periods and oten removed them from their country) o They would also ie the women up overnight so they don’t escape - ‘’equal good fun to shoot a nigger at sight or ravish a gin’’ - Aboriginals were not classiied as people but names ‘’niggers’ - Reynolds argued the pracices of racism worked hand in hand with the act of brutality, by viewing indigenous people as less than human helps to jusify the violence against them - Reynolds describes racist ideologies applied to aborigines: o There was the idea that aborigines were sub-human… then Europeans topped the chain while aborigines were the missing link ‘between humans and animals’’ o Darwin’s theory of evoluion added a new dimension – the noion of the survival of the itest meant that Aborigines were doomed anyway, a dying race. White murderers were party of the process of nature. - They were compared to monkeys Downloaded by Issam El Halbouni ([email protected]) lOMoARcPSD|3226191
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The exercise of jurisdicion, sovereignty and space Heather Douglas and Mark Finnane argue that the process of establishing jurisdicion and sovereignty is one that has coninues to this present day: H Douglas and M Finnane, Indigenous Crime and Setler Law: White Sovereignty ater Empire - Pracice and ideology of the fronier work together so that there was a de-facto
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  • Fall '16
  • Kate Sainsbury
  • The Bible, Indigenous Australians, Issam El Halbouni

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