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Indigenous Community Participation In The Sentencing Of Criminal Offenders: Circle Sentencing, Luke Mcnamara
Indigenous Community Participation In The Sentencing Of Criminal Offenders: Circle Sentencing, Luke Mcnamara
Luke McNamara
Recently the New South Wales Aboriginal Justice Advisory Committee (‘AJAC’) released a discussion paper titled Circle Sentencing: Involving Aboriginal Communities in the Sentencing Process. The paper proposed that ‘circle sentencing’—a community-based sentence determination procedure which originated in Canadian Indigenous communities—be trialled in selected Aboriginal communities in New South Wales. Almost 10 years after the release of the final report of the Royal Commission into Aboriginal Deaths in Custody the need for alternatives to the conventional processes of criminal justice administration in Indigenous communities is as great as ever. Therefore, practical initiatives such as the AJAC proposal for a circle sentencing …
Appellate Court Scrutiny Of Circle Sentencing, Luke Mcnamara
Appellate Court Scrutiny Of Circle Sentencing, Luke Mcnamara
Luke McNamara
One of the most significant features of circle sentencing as developed in Canada in recent years is the central role of the judiciary. That is, in cooperation with First Nations communities, judges, rather than legislators or justice department bureaucrats, have been responsible for the adoption of circle sentencing as a recognized process in Canadian criminal justice. Luke Mcnamara reviews the manner in which provincial and territorial appellate courts have responded to the emergence of circle sentencing gin their respective jurisdictions. His aim is to illuminate the actual and potential impact of appellate court scrutiny of circle sentencing. Toward this end, …