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This book examines the use and impact of Australian Indigenous
sentencing courts in response to Indigenous partner violence. In
operation in Australia since 1999, these courts were first
established by a magistrate in South Australia who sought to
improve court communication and understanding, and trust in the
criminal justice system for Indigenous people. Indigenous Courts,
Culture and Partner Violence is the first book to consider how the
transformation of a sentencing process into one that better
reflects Indigenous cultural values can improve outcomes for both
victims and offenders of Indigenous partner violence. It asks which
aspects of the sentencing process are most important in influencing
a change in attitude and behaviour of Indigenous offenders who
repeatedly engage in abusive behaviour towards their partner, and
what types of justice process better meets the relationship,
rehabilitative and safety needs of Indigenous partner violence
offenders and their victims? Marchetti examines the adaptation of a
formal sentencing process to make it more culturally meaningful
when responding to Indigenous partner violence, and gauges victim
and offender views about how the court process has affected their
lives and relationships, and elicits their views of violence within
their communities. This innovative work will be of great interest
to academics, researchers, policy makers, police, lawyers, family
violence service providers and students.
Although the Australian Royal Commission into Aboriginal Deaths in
Custody (RCIADIe tabled its National Report over a decade ago, its
339 recommendations are still used today to steer Indigenous
justice policy. The inquiry began as an investigation into
Indigenous deaths in custody, but its scope was later broadened to
encompass a wide range of matters affecting Indigenous Australians.
Numerous criticisms have been made about the way the investigation
was conducted and about the effectiveness and appropriateness of
the recommendations made. In particular, a number of criticisms
highlighted the failure of the RCIADIC to consider the problems
confronting Indigenous women. This book contains a detailed
analysis of the way in which the problems confronting Indigenous
women were considered in the Indigenous texts and official reports
produced by the RCIADIC, and using data from 48 interviews of
people who either worked for the RCIADIC or were in some other way
associated with the RCIADIC, it provides reasons for the male-
centred focus of the inquiry.
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