Just deserts in a post-colonial society : problems in the punishment of indigenous offenders

Edney, Richard 2003, Just deserts in a post-colonial society : problems in the punishment of indigenous offenders, in ANZSOC 2003 : controlling crime : risks and responsibilities : Australian and New Zealand Society of Criminology 17th Annual Conference, Australian and New Zealand Society of Criminology, Sydney, N.S.W., pp. 1-8.


Title Just deserts in a post-colonial society : problems in the punishment of indigenous offenders
Author(s) Edney, Richard
Conference name Australian and New Zealand Society of Criminology. Conference (17th : 2003 : Sydney, N.S.W.)
Conference location Sydney, N.S.W.
Conference dates 1-3 October 2003
Title of proceedings ANZSOC 2003 : controlling crime : risks and responsibilities : Australian and New Zealand Society of Criminology 17th Annual Conference
Editor(s) Weatherburn,
Publication date 2003
Start page 1
End page 8
Publisher Australian and New Zealand Society of Criminology
Place of publication Sydney, N.S.W.
Summary An enduring aspect of the operation of the criminal justice system in Australia has been the disproportionate representation of indigenous persons. Under current sentencing principles, aboriginality can be taken into account as a factor in mitigation because of the nature of social and economic disadvantage suffered by indigenous communities. It is contended that such an approach is inadequate as it fails to comprehend the reasons for that disadvantage. In short, the effects of colonialism and dispossession. An account of punishment will be developed that colonialism and dispossession cannot be omitted from any satisfactory account of the theory and history of punishment of indigenous persons. By relying on the notion of ‘just deserts’ an account of punishment will be proposed that extends the categories currently put forward to justify punishing indigenous persons. Traditional, philosophical accounts of punishment and insights from critical race theory will both be used in an attempt to articulate what ‘just deserts’ means in the context of a post-colonial society.
Language eng
Field of Research 189999 Law and Legal Studies not elsewhere classified
HERDC Research category L3 Extract of paper (minor conferences)
Persistent URL http://hdl.handle.net/10536/DRO/DU:30015684

Document type: Conference Paper
Collection: School of Law
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