CRIME, ABORIGINALITY AND THE DECOLONISATION OF JUSTICE

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CRIME, ABORIGINALITY AND THE DECOLONISATION OF JUSTICE

Harry Blagg

Hawkins Press 2008

Published in Sydney by: Hawkins Press An imprint of The Federation Press PO Box 45, Annandale, NSW, 2038 71 John St, Leichhardt, NSW, 2040 Ph (02) 9552 2200 Fax (02) 9552 1681 E-mail: info@federationpress.com.au Website: www.federationpress.com.au National Library of Australia Cataloguing-in-Publication entry Crime, Aboriginality and the Decolonisation of Justice Author Harry Blagg Bibliography. Includes index. ISBN 978 187606 719 9 (pbk) ISBN 978 187606 725 0 (ebook) Restorative justice Australia. Aboriginal Australians criminal justice system. Criminal justice, Administration of Australia. Aboriginal Australians Legal status, laws, etc. Customary Law Australia. 340.5294 The Federation Press This publication is copyright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act, no part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries should be addressed to the publishers.

Typeset by The Federation Press, Leichhardt, NSW. Printed by Ligare Pty Ltd, Riverwood, NSW.

Contents

Acknowledgments

vi

1. 2.

Introduction: Decolonising Criminology Criminal Justice as Waste Management: Modernity and its Shadow Aboriginal Youth: Culture, Resistance and the Dynamics of Self-Destruction Restorative Justice: A Good Idea Whose Time Has Gone? Aboriginal Police and Policing Aboriginal Self-Policing Initiatives Silenced in Court: Aboriginal People and the Courts Family Violence Aboriginal Customary Law: From Denial to Recognition

18

3.

58 74 91 107 126 136 153 167

4. 5. 6. 7. 8. 9.

10. Aboriginal Customary Law: From Recognition to Abolition? 11. Governance from Below: Community Justice Mechanisms, Crime and Disorder Concluding Comments: Moving Forward

182 200

References Index

208 226

Acknowledgements

This book could not have been written without the support and assistance of colleagues at the Crime Research Centre UWA, particularly Neil Morgan, Richard Harding, Anna Ferrante and Jude Rowholt. Students on the Masters course, Aboriginality, Crime and Justice, have provided excellent feedback on themes covered in the book. I should also thank colleagues at the Law Reform Commission of Western Australia for allowing me to work on the Customary Law project. Particular thanks are owed to numerous Aboriginal people and organisations across Australia who gave me their time over the years, on a diverse series of projects. It has been a privilege to work so closely with Aboriginal people and walk on traditional lands. I would like to acknowledge my debt to Patrick Dodson, Mick Dodson, Donella Raye, Aunty Beth Woods, Maureen Carter, June Oscar, Kath Ryan, the late Glynnis Sibosado, Dean Collard, Dennis Eggington, the elders at Kimberley Law and Culture and Kate George. Special thanks are owing to Gillian Eckersley for her unstinting support, encouragement and companionship. I would also like to offer thanks to Jenny Exall at Federation Press.

vi

For my parents Harry and Margaret Blagg