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Indigenous Courts, Self-Determination and Criminal Justice Valmaine Toki

Indigenous Courts, Self-Determination and Criminal Justice By Valmaine Toki

Indigenous Courts, Self-Determination and Criminal Justice by Valmaine Toki


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Summary

Taking seriously the rights to culture and to self-determination contained in the Treaty of Waitangi, in many comparable jurisdictions, and also in the United Nations Declaration on the Rights of Indigenous Peoples, this book make the case for an Indigenous court founded on Indigenous conceptions of proper conduct, punishment, and behavior.

Indigenous Courts, Self-Determination and Criminal Justice Summary

Indigenous Courts, Self-Determination and Criminal Justice by Valmaine Toki

In New Zealand, as well as in Australia, Canada and other comparable jurisdictions, Indigenous peoples comprise a significantly disproportionate percentage of the prison population. For example, Maori, who comprise 15% of New Zealands population, make up 50% of its prisoners. For Maori women, the figure is 60%. These statistics have, moreover, remained more or less the same for at least the past thirty years. With New Zealand as its focus, this book explores how the fact that Indigenous peoples are more likely than any other ethnic group to be apprehended, arrested, prosecuted, convicted and incarcerated, might be alleviated. Taking seriously the rights to culture and to self-determination contained in the Treaty of Waitangi, in many comparable jurisdictions (including Australia, Canada, the United States of America), and also in the United Nations Declaration on the Rights of Indigenous Peoples, the book make the case for an Indigenous court founded on Indigenous conceptions of proper conduct, punishment, and behavior. More specifically, the book draws on contemporary notions of therapeutic jurisprudence and restorative justice in order to argue that such a court would offer an effective way to ameliorate the disproportionate incarceration of Indigenous peoples.

About Valmaine Toki

Dr Valmaine Toki is an Associate Professor in Law based at the Faculty of Law University of Waikato, New Zealand. Dr Toki was the first New Zealander appointed an Expert Member of the United Nations Permanent Forum on Indigenous Issues.

Table of Contents

1.Maori and Criminality 2. Maori and Tikanga 3. Maori and Current Criminal Justice Initiatives 4. Constitutional Frameworks - The Treaty of Waitangi 5. Constitutional Frameworks - The United Nations Declaration on the Rights of Indigenous Peoples 6. Initiatives in Comparative Jurisdictions 7. Tikanga Maori and Therapeutic Jurisprudence 8. A New Vision

Additional information

NPB9780815375524
9780815375524
0815375522
Indigenous Courts, Self-Determination and Criminal Justice by Valmaine Toki
New
Hardback
Taylor & Francis Inc
2018-03-13
300
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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