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

No Thumbnail Available
File version
Author(s)
Jeffries, Samantha
Bond, Christine
Griffith University Author(s)
Primary Supervisor
Other Supervisors
Editor(s)
Date
2010
Size
File type(s)
Location
License
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 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.

Journal Title

Journal of sociology

Conference Title
Book Title
Edition
Volume

46

Issue

3

Thesis Type
Degree Program
School
Publisher link
Patent number
Funder(s)
Grant identifier(s)
Rights Statement
Rights Statement
Item Access Status
Note
Access the data
Related item(s)
Subject

Political science

Sociology

Cultural studies

Courts and sentencing

Human society

Persistent link to this record
Citation
Collections