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  • Narratives of mitigation Sentencing Indigenous criminal defendants in South Australia’s higher courts

    Author(s)
    Jeffries, Samantha
    Bond, Christine
    Griffith University Author(s)
    Jeffries, Samantha J.
    Bond, Christine E.
    Year published
    2010
    Metadata
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    Abstract
    In their statistical analyses of higher court sentencing in South Australia, Jeffries and Bond (2009) found evidence that Indigenous offenders were treated more leniently than non-Indigenous offenders, when they appeared before the court under similar numerical circumstances. Using a sample of narratives for criminal defendants convicted in South Australia's higher courts, the current article extends Jeffries and Bond's (2009) prior statistical work by drawing on the 'focal concerns' approach to establish whether, and in what ways, Indigeneity comes to exert a mitigating influence over sentencing. Results show that the ...
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    In their statistical analyses of higher court sentencing in South Australia, Jeffries and Bond (2009) found evidence that Indigenous offenders were treated more leniently than non-Indigenous offenders, when they appeared before the court under similar numerical circumstances. Using a sample of narratives for criminal defendants convicted in South Australia's higher courts, the current article extends Jeffries and Bond's (2009) prior statistical work by drawing on the 'focal concerns' approach to establish whether, and in what ways, Indigeneity comes to exert a mitigating influence over sentencing. Results show that the sentencing stories of Indigenous and non-Indigenous offenders differed in ways that may have reduced assessments of blameworthiness and risk for Indigenous defendants. In addition, judges highlighted a number of Indigenous-specific constraints that potentially could result in imprisonment being construed as an overly harsh and costly sentence for Indigenous offenders.
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    Journal Title
    Journal of sociology
    Volume
    46
    Issue
    3
    DOI
    https://doi.org/10.1177/1440783310365584
    Subject
    Courts and Sentencing
    Political Science
    Sociology
    Cultural Studies
    Publication URI
    http://hdl.handle.net/10072/53246
    Collection
    • Journal articles

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