Indigenous People, Crime and Punishment

This book explores how criminal sentencing courts have shifted in their treatment of Indigenous identity and culture, particularly in Australia.

The book Indigenous People, Crime and Punishment delves into the evolving perceptions of Indigenous identity and culture within criminal sentencing courts. It highlights the significant shifts in how the judiciary interprets the status of Indigenous peoples, particularly focusing on Australian Indigenous communities while also incorporating perspectives from Canada and New Zealand. Thalia Anthony's critical analysis spans over fifty years, revealing the intricate ways in which cultural assumptions shape judicial discretion in sentencing decisions.

Through a thorough examination of various Indigenous sentencing cases and judicial remarks, Indigenous People, Crime and Punishment illustrates the troubling trend of increasing demonization of Indigenous criminality. The book argues that previous advancements in the legal acknowledgment of Indigenous peoples are being undermined by contemporary interpretations that often strip away rights rather than affirm them. This analysis serves to challenge the notion of Indigenous difference as a fixed concept, showing how it can be manipulated to serve the interests of the legal system.

Ultimately, Indigenous People, Crime and Punishment invites readers to reflect on the implications of these judicial practices and their impact on Indigenous communities. By highlighting the complexities of identity and culture in the context of crime and punishment, the book calls for a reevaluation of how Indigenous peoples are treated within the legal framework, advocating for a more equitable approach that respects their rights and cultural heritage.