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  • Aboriginal violence and state response: histories, policies, legacies in Queensland 1860-1940

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    Author(s)
    Finnane, Mark
    Richards, Jonathan
    Griffith University Author(s)
    Richards, Jonathan
    Finnane, Mark J.
    Year published
    2010
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    Abstract
    During the long era of 'protection' (enacted in 1897, flourishing in the inter-war years and with effects continuing to this day) policy towards Australian Indigenous people suspected of inter-personal violence was ambiguous in its objectives and its means. Formally Indigenous peoples in Australia were British subjects entitled to the full protection of the law. As a consequence violence between Indigenous people was made visible through the conduct of inquests, police inquiries and in many cases subsequent arrest and charge with a criminal offence. Disposal of those charged or even suspected of crimes reflects tension between ...
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    During the long era of 'protection' (enacted in 1897, flourishing in the inter-war years and with effects continuing to this day) policy towards Australian Indigenous people suspected of inter-personal violence was ambiguous in its objectives and its means. Formally Indigenous peoples in Australia were British subjects entitled to the full protection of the law. As a consequence violence between Indigenous people was made visible through the conduct of inquests, police inquiries and in many cases subsequent arrest and charge with a criminal offence. Disposal of those charged or even suspected of crimes reflects tension between the universalising presumptions of the criminal law and the particularising effects of welfare regimes that ruled the lives of Indigenous people. Drawing on archives of inquests, courts and prisons in the Queensland jurisdiction before 1940, this article examines the policies and decision-making that characterised a state which remained determinedly colonial in its practises and ambitions. In conclusion, we consider briefly the question of how distinctive or how representative was Queensland practice as a state response to Indigenous violence during these decades of colonial subordination.
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    Journal Title
    Australian and New Zealand Journal of Criminology
    Volume
    43
    Issue
    2
    DOI
    https://doi.org/10.1375/acri.43.2.238
    Copyright Statement
    © 2010 SAGE Publications. This is the author-manuscript version of the paper. Reproduced in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.
    Subject
    Criminology
    Courts and sentencing
    Aboriginal and Torres Strait Islander history
    Law in context
    Legal systems
    Publication URI
    http://hdl.handle.net/10072/37152
    Collection
    • Journal articles

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    Tagline

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