Torres Strait Islander traditional adoption has been the subject of political and legal debate fo... more Torres Strait Islander traditional adoption has been the subject of political and legal debate for decades. While the law has given consideration and limited recognition to Torres Strait Islander adoption, the case of Eatts v Gundy (‘Eatts’) in Queensland raises once more the unresolved conflict between state law and Aboriginal and Torres Strait Islander laws (traditions).
In Australia, sentencing researchers have generally focused on whether there is statistical equal... more In Australia, sentencing researchers have generally focused on whether there is statistical equality/inequality in outcomes by reference to Indigenous status. However, contextualizing the sentencing process requires us to move away from a reliance on statistical analyses alone, as this approach cannot tell us whether sentencing is an equitable process for Indigenous people. Consultation with those working at the sentencing “coal face” provides valuable insight into the nexus between Indigenous status and sentencing. This article reports the main themes from surveys of the judiciary and prosecutors, and focus groups with Indigenous community justice groups undertaken in Queensland. The aim is to understand better the sentencing process for Indigenous Queenslanders. Results suggest that while there have been some positive developments in sentencing (e.g. the Murri Court, community justice groups) Indigenous offenders still face a number of inequities.
Torres Strait Islander traditional adoption has been the subject of political and legal debate fo... more Torres Strait Islander traditional adoption has been the subject of political and legal debate for decades. While the law has given consideration and limited recognition to Torres Strait Islander adoption, the case of Eatts v Gundy (‘Eatts’) in Queensland raises once more the unresolved conflict between state law and Aboriginal and Torres Strait Islander laws (traditions).
In Australia, sentencing researchers have generally focused on whether there is statistical equal... more In Australia, sentencing researchers have generally focused on whether there is statistical equality/inequality in outcomes by reference to Indigenous status. However, contextualizing the sentencing process requires us to move away from a reliance on statistical analyses alone, as this approach cannot tell us whether sentencing is an equitable process for Indigenous people. Consultation with those working at the sentencing “coal face” provides valuable insight into the nexus between Indigenous status and sentencing. This article reports the main themes from surveys of the judiciary and prosecutors, and focus groups with Indigenous community justice groups undertaken in Queensland. The aim is to understand better the sentencing process for Indigenous Queenslanders. Results suggest that while there have been some positive developments in sentencing (e.g. the Murri Court, community justice groups) Indigenous offenders still face a number of inequities.
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