Family Group Conferencing: A Case-Study of the Indigenisation of New Zealand's Justice System

Tauri, Juan

doi:10.1080/10345329.1998.12036125

Cited by 24 publications

(44 citation statements)

References 7 publications

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“…porary Maori comrnunities, and despite Maori criticisms of the precedence given to 'Govemment dominated sites' when dealing with Maori offending (see jackson, 1988 andTauri, 1998). This situation exists despite the continued importance of marae to contern.…”

Section: Cultural Appropriateness Of New Zealand Conferencingmentioning

confidence: 99%

Explaining Recent Innovations in New Zealand's Criminal Justice System: Empowering Maori or Biculturalising the State?

Tauri¹

1999

Australian & New Zealand Journal of Criminology

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T hiS paper provides an overview of the relationship between Maori and the criminal justice system in New Zealand since Moana jackson published "Maori and the Criminal justice System: He Whaipaanga Hou" in 1988. jackson argued that the cultural insensitivity and blas inherent in the criminal justice system, lies at the heart of the Maori over-representation problem. The focus of my paper is on the incorporation of Maori justice practices and philosophies within the family group conferencing forurn established in 1989. The discussion of this initiative will take place within the framework of an evaluation of 'bi-culturalism' and the struggle by Maori to achieveautonomy in the realm of justice.Colonization is always lethal to the colonized, Oliver (1995: 19) New Zealand, like other Settler..societies such as Canada and Australia, continues to experience a high level of tension between sections of its majority (Pakeha/European) and indigenous (Maori) populations. The current ethnic tensions in N ew Zealand are in part, attributable to the perceived necessity for 'nation..destroying' in colonial and neo..colonial processes of nation.. building. This destructive element of the New Zealand neo..colonial process is reflected not just in current ethnic unrest, signified by continuing indigenous protests and disputes over land, but in both the poor socio ..economic status of the indigenous population 1 (jackson, 1995;Walker, 1990) and their often negative relationship with the irnposed criminal justice ordering that currently predominates' (jackson, 1988).The unsettled nature of ethnic relations in neo..colonial New Zealand can be attributed to a number of factors, including the post ..Second World War heteroge.. neous immigration patterns; both internal (the urban..drift of a once rural ..based indigenous population

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Section: Cultural Appropriateness Of New Zealand Conferencingmentioning

confidence: 99%

Explaining Recent Innovations in New Zealand's Criminal Justice System: Empowering Maori or Biculturalising the State?

Tauri¹

1999

Australian & New Zealand Journal of Criminology

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“…Thus, the data only provide information on the judges' opinions and experiences, not those of the First Nations victims, offenders, or community participants. Given the significant concern over RJ practices reported by First Nations and American Indian scholars (e.g., Smith 2005;Tauri 1998), this is not a trivial limitation. A fourth limitation is that, given that this research was very exploratory, asking one very general question of the participants (with some additional probing of their responses), it is impossible to be certain about the accuracy of some of the rates and trends we report or about how they would be different if the judges had been asked outright about specifics.…”

Section: Methodsmentioning

confidence: 95%

“…Specifically, some view RJ as it is currently practised with Aboriginal peoples as another tool of the colonizing state (Cameron 2006a;2006b;Cunliffe and Cameron 2007;Tauri 1998). Other scholars with concerns about racism and neocolonialism are optimistic that RJ practices can be designed to curb harmful practices (Hopkins and Koss 2005;Presser and Gaarder 2000;Smith 2005).…”

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confidence: 95%

“…Additionally, recent Canadian studies report that the more stringent policies implemented to take intimate-partner abuse more seriously since the 1980s have backfired for abused women, who may feel ambivalent about or even traumatized by these responses (Gillis, Diamond, Jebely, Orehovsky, Ostovich, MacIsaac, Sagrati, and Mandell 2006), particularly immigrant women, who are often poor and socially marginalized (Wachholz and Miedema 2000). Despite the growing feminist support for using RJ in intimate-partner abuse cases, there are still those who have strong reservations (Busch 2002;Cameron 2006a;2006b;Cheon and Regehr 2006;Cunliffe and Cameron, 2007;Stubbs 2002;Tauri 1998).…”

mentioning

confidence: 97%

“…In addition to concerns about gender power imbalances, some scholars address the threat of racism and neocolonialism towards both defendants and victims, particularly Aboriginal people, regarding both the conventional courts (Dylan, Regeher, and Alaggia 2008;Nancarrow 2006;Wachholz and Miedema 2000) and RJ practices (Cameron 2006a;2006b;Cheon and Regehr 2006;Cunliffe and Cameron 2007;Daly and Stubbs 2006;Goel 2000;Hudson 1998;Smith 2005;Tauri 1998). Specifically, some view RJ as it is currently practised with Aboriginal peoples as another tool of the colonizing state (Cameron 2006a;2006b;Cunliffe and Cameron 2007;Tauri 1998).…”

mentioning

confidence: 98%

See 2 more Smart Citations

Judges' Attitudes about and Experiences with Sentencing Circles in Intimate-Partner Abuse Cases

Belknap

McDonald

2010

Canadian Journal of Criminology and Criminal Justice

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During the 1980s and 1990s, two important changes that occurred in criminal processing were seemingly at odds for intimate-partner abuse cases. The first was the move to treat gender-violence cases more seriously and more punitively. The second was the design and implementation of restorative justice practices, which was mandated for consideration in First Nations cases in R. v. Gladue in 1999. There has also been an ongoing debate globally as to whether restorative justice is appropriate in gender-violence cases. Additionally, some First Nations scholars worry that restorative justice is simply another way of controlling and punishing Aboriginal peoples. This study draws on interviews with 27 judges in a large Western province, a year before the Gladue decision, regarding their attitudes to and experiences with sentencing circles in intimate-partner abuse cases. The findings suggest cautious judicial support tempered by serious concerns.

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Māori Experiences of Colonisation and Māori Criminology

Webb

2017

The Palgrave Handbook of Australian and New Zealand Criminology, Crime and Justice

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Family Group Conferencing: A Case-Study of the Indigenisation of New Zealand's Justice System

Cited by 24 publications

References 7 publications

Explaining Recent Innovations in New Zealand's Criminal Justice System: Empowering Maori or Biculturalising the State?

Explaining Recent Innovations in New Zealand's Criminal Justice System: Empowering Maori or Biculturalising the State?

Judges' Attitudes about and Experiences with Sentencing Circles in Intimate-Partner Abuse Cases

Māori Experiences of Colonisation and Māori Criminology

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