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New Directions in Restorative Justice by Robert Gordon, Elizabeth Elliott

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Chapter 6

Indigenous youth and the criminal justice system in Australia

John Boersig

Abstract

The over-representation of Indigenous children in the criminal justice system is well documented. One of the most important outcomes of the Australian Royal Commission into Aboriginal Deaths in Custody, finalised in 1991, was to highlight the difficulties faced by Indigenous people within the criminal justice system, particularly in the area of Indigenous juvenile incarceration. The orthodox response by one State within the federation, New South Wales, as expressed in legislation and court sentencing practice, is marked by a failure to stem the ever-increasing rates of Indigenous incarceration. Focusing upon court practice and case law, this chapter ...

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