Indigenous Courts, Self-Determination and Criminal Justice

Valmaine Toki

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English

Routledge
31 July 2020

Indigenous peoples; International courts & procedures; Criminal justice law

Series: Indigenous Peoples and the Law

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 Zealand’s 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.

By: Valmaine Toki
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 467g
ISBN: 9780367404420
ISBN 10: 0367404427
Series: Indigenous Peoples and the Law
Pages: 200
Publication Date: 31 July 2020
Audience: College/higher education , General/trade , Primary , ELT Advanced
Format: Paperback
Publisher's Status: Active

1.Māori and Criminality 2. Māori and Tikanga 3. Māori 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

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.