Colonial Processes, Indigenous Peoples, and Criminal Justice Systems

Cunneen, Chris

Colonial Processes, Indigenous Peoples, and Criminal Justice Systems

In M. Tonry and S. Bucerius (Eds), The Oxford Handbook of Ethnicity, Crime, and Immigration. New York: Oxford University Press, pp. 386-407

UNSW Law Research Paper No. 2013-19

22 Pages Posted: 17 Feb 2013 Last revised: 4 May 2015

See all articles by Chris Cunneen

Chris Cunneen

Jumbunna Institute for Indigenous Education and Research,University of Technology Sydney; James Cook University - Cairns Campus

Date Written: 2014

Abstract

This chapter considers the interaction between colonial processes, Indigenous peoples and criminal justice systems. The commonalities in the experiences of Indigenous peoples in white settler societies (Australia, Canada, New Zealand and the US) provide the focus for an exploration of the implications of the colonial process for understanding Indigenous contact with western criminal justice systems across a number of domains. A fundamental point derived from this exploration is that the politics and outcomes of colonization are not simply of historical interest. Rather, the contemporary relationship between Indigenous people and crime, punishment, and justice is structured by these longer term relationships.

Keywords: Indigenous, Colonisation, Crime, Punishment, Justice

Suggested Citation: Suggested Citation

Cunneen, Chris, Colonial Processes, Indigenous Peoples, and Criminal Justice Systems (2014). In M. Tonry and S. Bucerius (Eds), The Oxford Handbook of Ethnicity, Crime, and Immigration. New York: Oxford University Press, pp. 386-407, UNSW Law Research Paper No. 2013-19, Available at SSRN: https://ssrn.com/abstract=2218865