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  • Race and justice in an Australian court: Prosecuting homicide in Western Australia, 1830-1954

    Author(s)
    Finnane, Mark
    Kaladelfos, Andy
    Griffith University Author(s)
    Finnane, Mark J.
    Year published
    2016
    Metadata
    Show full item record
    Abstract
    Contemporary rates of incarceration of Indigenous peoples in Australia are generally seen as quite recent in origin, an unwanted outcome of the emergence of Indigenous people into full citizenship from the 1960s. Yet for only relatively short periods were Indigenous people in Australia excluded from the full implications of the rule of law in its mode of criminal jurisdiction; for the most part, they were considered British subjects. Having been brought into criminal jurisdiction how did they fare? While much can be learned from archival research at the case level, we propose here that qualitative studies are best examined ...
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    Contemporary rates of incarceration of Indigenous peoples in Australia are generally seen as quite recent in origin, an unwanted outcome of the emergence of Indigenous people into full citizenship from the 1960s. Yet for only relatively short periods were Indigenous people in Australia excluded from the full implications of the rule of law in its mode of criminal jurisdiction; for the most part, they were considered British subjects. Having been brought into criminal jurisdiction how did they fare? While much can be learned from archival research at the case level, we propose here that qualitative studies are best examined in quantitative context. In this article, the first ever quantitative study of Australian homicide over long periods of time, we consider how criminal justice worked for Indigenous and non-Indigenous defendants, identifying how many defendants in each group were prosecuted, and their varying treatment at trial process, outcome and sentence.
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    Journal Title
    Australian Historical Studies
    Volume
    47
    Issue
    3
    DOI
    https://doi.org/10.1080/1031461X.2016.1194442
    Subject
    Historical studies
    Historical studies not elsewhere classified
    Publication URI
    http://hdl.handle.net/10072/100395
    Collection
    • Journal articles

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    • Gold Coast
    • Logan
    • Brisbane - Queensland, Australia
    First Peoples of Australia
    • Aboriginal
    • Torres Strait Islander