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Series

Criminal Procedure

2007

The Peter A. Allard School of Law

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Full-Text Articles in Law

Writing The Circle: Judicially Convened Sentencing Circles And The Textual Organization Of Criminal Justice, Emma Cunliffe, Angela Cameron Jan 2007

Writing The Circle: Judicially Convened Sentencing Circles And The Textual Organization Of Criminal Justice, Emma Cunliffe, Angela Cameron

All Faculty Publications

Trial court judges who work in remote Northern Canadian Aboriginal communities use judicially convened sentencing circles to gather information and develop sentencing recommendations in some intimate violence cases. Proponents claim that judicially convened sentencing circles are a restorative justice practice that heals the offender, his community, and the survivor of the violence. Proponents also look to sentencing circles as a tool to find a just outcome that minimizes Aboriginal men's incarceration. We use a methodology developed by feminist sociologist Dorothy Smith to consider whether the institutional priorities being established and approved by courts in sentencing circle cases provide adequate protection …