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Aboriginal and Torres Strait Islander Legal Relations, second edition, introduces readers to the major issues faced by Aboriginal and Torres Strait Islander people under the Anglo-Australian legal system, with a focus on the impact of ...
Cunneen, C & Tauri, J 2016, Indigenous Criminology, Policy Press.
Indigenous Criminology is the first book to comprehensively explore Indigenous people's contact with criminal justice systems in a contemporary and historical context.
Cunneen, C, Brown, D, Schwartz, M, Stubbs, J & Young, C 2016, Justice Reinvestment Winding Back Imprisonment, Palgrave Macmillan.
In South Australia (SA), development of a justice reinvestment pilot has reached the stage of nominating locations, with two sites having been identified. In Queensland (QLD), there are discussions occurring with Griffith University and James ...
Cunneen, C, White, R & Richards, K 2015, Juvenile Justice 5th Edition, Fifth, Oxford University Press, Melbourne.
Cunneen, C, Baldry, E, Brown, M, Brown, M, Schwartz, M & Steel, A 2013, Penal Culture and Hyperincarceration, Ashgate, Farnham.
Using penal culture as a conceptual and theoretical vehicle, and Australia as a case study, this book analyses international developments in penality and imprisonment.
Cunneen, C & White, R 2011, Juvenile Justice: Youth and Crime in Australia, 4th Edn, Oxford University Press, Melbourne.
Cunneen, C, Allison, F, Loban, H, Luke, G & Munro, K 2010, Evaluation of the Remote JP Magistrates Court Program: Final Report.
This report presents key findings and recommendations developed as part of an independent evaluation of Queensland's Remote Justices of the Peace (Magistrates Court) Program (JP Court program). The evaluation has been conducted by researchers at The Cairns Institute, James Cook University. The Department of Justice and Attorney General (Qld) (DJAG) commissioned the evaluation.
Abbott, L, Anderson, J, Anton, DK, Baker, K, Barnes, J, Barton, G, Beale, TG, Beard, J, Bender, M, Moses, LB, Bevacqua, J, Blunden, A, Boas, G, Bone, A, Bowyer, K, Brennan, D, Brogan, M, shmer, JBV, Bromberger, N, Bryan, M, Butler, J, Cane, P, Cassimatis, AE, Chapman, A, Clarke, J, Cockburn, T, Collins, C, Collins, P, Tyler, MHC, Connolly, C, Connolly, AJ, Corns, C, Courmadias, N, Cowley, JI, Cox, N, Crowe, J, Cunneen, C, Datt, K, Davies, C, Davis, G, Davis, R, Derrington, S, Dominello, F, Douglas, H, Douglas, R, Doyle, K, Drake, N, Easteal, P, Ebejer, M, Edgely, M, Esmaeili, H, Evers, M, Faunce, TA, Feld, F, Field, D, Foster, N, Fox, A, Frazer, A, Freeland, S, Gao, X, Giesen, K, Glacken, S, Graham, N, Griggs, L, Haas, G, Haller, L, Harding, M, Harris, B, Head, M, Heath, M, Henderson, E, Hinchcliffe, S, Holland, G, Horrigan, B, Jackman, B, Jackson, M, James, C, James, S, Janes, S, Jessup, B, Johns, F, Johnson, R, Katter, D, Katter, N, Kirchengast, T, Klein, N, Laryea, E, Liu, Q, Loughnan, A, Luttrell, S, Mack, K, Madden, B, Maclaren, H, Maogoto, JN, Mann, T, Mansted, R, Marchetti, E, McNamara, N, McNaughton, A, Meagher, D, Miller, LE, Mitchell, A, Monterosso, S, Moore, C, Nasu, H, Newlyn, D, Nicol, D, Nielsen, J, Leary, JO, Osborne, J, Oswald, B, Overland, J, Page, J, Passmore, E, Penovic, T, Petrie, L, Hunt, F, Jessup, A, Mithiran, D, Priest, S, Radan, P, Reynolds, C, Rice, S, Richards, B, Riley, S, Roach, SLA, Roy, A, Sadler, P, Sanson, M, Santow, E, Saul, B, Sawon, K, Schloenhardt, A, Schwartz, M, Sherry, C, Siow, WN, Spencer, D, Spencer, R, Spisto, M, Steel, A, Stepniak, D, Stewart, A, Stokes, M, Summerfield, T, Svantesson, DJB, Tarrant, J, Taylor, D, Techera, E, Thiriet, D, Thorpe, D, Caenegem, WV, Voon, T, Wardrop, A, Warner, KA, Watson, N, Webb, E, Whitehouse, I, Widdows, K, Wilson, E, Wishart, D, Young, S, Zagor, M & Zeller, B 2010, Australian Law Dictionary, Oxford University Press.
The Australian Law Dictionary is the best reference for those who want familiarity with, and knowledge of, Australian legal terms. Clear, relevant and well-pitched definitions explain the meaning of Australian legal terms and for those interested in contextualising these terms further and exploring legal concepts in more depth, more information and detailed in-text cross references are provided. With a focus on the Priestley 11, the Australian Law Dictionary has been built from the ground up and ?mapped? around 25 key legal subject areas to ensure comprehensive coverage of core legal content. This holistic approach to the development of the dictionary means readers are provided with a scaffold on to which to attach their knowledge. They are encouraged to learn the meaning of a particular term; link it with any related concepts; and to locate it within the larger body of law.
Cunneen, C & Hoyle, C 2010, Debating Restorative Justice, Hart Publishing, Oxford.
Cunneen, C 2008, The Critical Criminology Companion, 1st Edn, Federation Press, Sydney.
Cunneen, C, Ella-Duncan, M, Penrith, L, Kennedy, M, Dickson, J & Telford, G 2006, Breaking the Silence: Creating the Future. Addressing Child Sexual Assault in Aboriginal Communities in New South Wales, NSW Attorney-General's Department, Sydney.
By Ella-Duncan, M., Kennedy, M., Dickson, J., Cunneen, C., Telford, G. and L. Penrith
Cunneen, C & Shwartz, M 2005, Customary Law, Human Rights and International Law: Some Conceptual Issues, Law Reform Commission of Western Australia, Perth.
22 Pages Research study published by the Western Australia Law Reform Commission and informing their recommendations and final report on Aboriginal customary law.
Cunneen, C, Wilcznski, A, Culvenor, D, Schwartzkoff, J & Reed-Gilbert, G 2003, Early Intervention: Youth Mentoring Programs, Crime Prevention Branch, Commonwealth Attorney-Generals Department, Canberra.
By Wilcznski, A., Culvenor, C., Cunneen, C., Schwartzkoff, J. and Reed-Gilbert, G.
Cunneen, C & White, R 2002, Juvenile Justice: Youth and Crime in Australia, 3, Oxford University Press, Melbourne.
Cunneen, C 2001, Conflict, Politics and Crime, Allen and Unwin, Sydney.
Cunneen, C, Goldson, B & Russell, S 2018, 'Human rights and youth justice reform in England and Wales: A systemic analysis (1991-2016)', Criminology and Criminal Justice, pp. 1-26.View/Download from: UTS OPUS or Publisher's site
This article examines critically the persistently antagonistic relationship – across the past quarter-century – between the provisions of international human rights instruments and the nature and direction of youth justice reform in England and Wales. It introduces the core provisions of the human rights framework that pertain to youth justice and it sketches the nature and direction of policy reform over the 25-year period under scrutiny (1991–2016). To obtain a comprehensive sense of the relationship between human rights and youth justice reform in the jurisdiction, it applies a detailed systemic analysis; beginning at the point at which criminal responsibility is formally imputed and progressing through each stage of the youth justice system, up to the point where the child might ultimately be deprived of her/his liberty. By taking a 'long-view' of youth justice reform and by adopting a systemic end-to-end analysis of the human rights–youth justice interface, the article presents an analytical account of both change (policy reforms) and continuity (the enduring nature of human rights violations).
is paper discusses the sentencing and punishment of Indigenous peoples in se ler colonial states, most notably Australia. e paper begins by critically analysing the way non-Indigenous courts have narrated the sentencing of Indigenous people, particularly through what on the surface would appear to be relatively bene cial considerations of disadvantage and the impact of colonialism. It then discusses what are generally referred to as Indigenous sentencing courts. Finally, it re ects on healing as an Indigenous response to social harm. Essentially existing outside of the formal court and correctional systems, healing approaches have grown over recent decades as both an alternative to the philosophical underpinnings of Western punishment, as well as providing practical alternatives to mainstream non-Indigenous correctional policies and practices.
Russell, S & Cunneen, C 2017, 'Don Dale royal commission demands sweeping change - is there political will to make it happen?', The Conversation, vol. 17 November 2017.
[Extract] The Royal Commission into the Protection and Detention of Children in the Northern Territory's final report, which was handed down on Friday, revealed "systemic and shocking failures" in the territory's youth justice and child protection systems. The commission was triggered following ABC Four Corners' broadcasting of images of detainee Dylan Voller hooded and strapped to a restraint chair, as well as footage of children being stripped, punched and tear-gassed by guards at the Don Dale and Alice Springs youth detention centres. The commission's findings demonstrate the need for systemic change. However, the commission will not, in itself, bring about that change. Its capacity to make lasting change lies with the government implementing its recommendations.
Brown, D, Cunneen, C & Russell, S 2017, ''It's all about the Benjamins': Infringement notices and young people in New South Wales', Alternative Law Journal, vol. 42, no. 4, pp. 253-260.View/Download from: UTS OPUS or Publisher's site
This article provides a brief analysis of the place, role and purpose of monetary penalties and their theoretical underpinnings. Against this critique of financial penalties and the revenue ('the Benjamins') that flows from penalty infringement notices, the article examines the six-fold growth in penalty infringement notices issued to children and young people in NSW between 1998 and 2013. It outlines the disproportionate impact of monetary penalties on them and the increasing displacement of diversionary options, raising questions about the appropriateness of issuing infringement notices to children and young people. This article also addresses positive developments in relation to children and young people, including the introduction of Work and Development Orders (WDOs) in NSW.
Cunneen, C, Rowe, S & Tauri, J 2017, 'Fracturing the Colonial Paradigm: Indigenous Epistemologies and Methodologies', Method(e)s: African Review of Social Sciences Methodology, pp. 62-78.View/Download from: Publisher's site
Cunneen, C, Goldson, B & Russell, S 2016, 'Juvenile Justice, Young People and Human Rights in Australia', Current Issues in Criminal Justice, vol. 28, no. 2, pp. 173-188.
schwartz, M & Cunneen, C 2016, 'Is a royal commission the best response to the NT juvenile justice crisis?'.
Cunneen, C 2016, 'Surveillance, Stigma, Removal: Indigenous Child Welfare and Juvenile Justice in the Age of Neoliberalism', Australian Indigenous Law Review, vol. 19, no. 1, pp. 32-45.
Schwartz, M & Cunneen, C 2016, 'In focus: Is a Royal commission the best response to the juvenile justice crisis?', Law Society of NSW Journal, no. No. 26, pp. 26-27.
Baldry, E, Carlton, B & Cunneen, C 2015, 'Abolitionism and the paradox of penal reform in Australia: colonialism, context, cultures and cooption', Social Justice: a journal of crime, conflict and world order, vol. 41, no. 3, pp. 168-189.View/Download from: Publisher's site
Cunneen, C & Rowe, S 2014, 'Changing Narratives: Colonised Peoples, Criminology and Social Work', International Journal for Crime, Justice and Social Democracy, vol. 3, no. 1, pp. 49-67.
There is growing recognition in criminology and social work of the importance of Indigenous knowledges and methodologies. Yet to date there have been limited attempts (particularly in criminology and criminal justice social work) to consider the theoretical and practice implications of Indigenous understandings and approaches to these disciplines. Both disciplines have also been slow to recognise the importance of understanding the way in which colonial effects are perpetuated through knowledge control, particularly in the operation of criminal justice systems. Our paper thus begins by examining the historical and institutional factors that have contributed to the continuing subjugation of Indigenous knowledges and methodologies. A discussion of the connections between the hegemony of Western science, the construction of race, and the colonial project follows. While herein Western and Indigenous approaches are conceptualised broadly, the dangers of over-simplifying these categories is also acknowledged. The paper proceeds by examining the distinctive character of each approach through a consideration of their ontological, epistemological, axiological, and methodological differences. Whilst acknowledging the considerable challenges which arise in any attempt to develop connections between these differing worldviews, a pathway forward for understanding both theoretically and methodologically the relationship between Western and Indigenous approaches is proposed
Baldry, E & Cunneen, C 2014, 'Imprisoned Indigenous women and the shadow of colonial patriarchy', Australian and New Zealand Journal of Criminology, vol. 47, no. 2, pp. 276-298.View/Download from: Publisher's site
Imprisonment in Australia has been a growing industry and large numbers of vulnerable people find themselves in a state of serial incarceration. Women and Indigenous peoples in particular have experienced rapidly expanding imprisonment rates over recent decades. Our argument in this article is relatively straightforward: to understand contemporary penal culture and in particular its severity and excess in relation to Indigenous people and women, we need to draw upon an understanding of the dynamics of colonial patriarchy. We develop this understanding through a specific focus on Indigenous women. Although at a micro level, specific legislation and policy changes have had a negative impact on the imprisonment of vulnerable groups, it is within a broader context of the strategies and techniques of colonial patriarchy that we can understand why it is that particular social groups appear to become the targets of penal excess.
Cunneen, C, Allison, F & Schwartz, M 2014, 'Access to justice for Aboriginal People in the Northern Territory', Australian Journal of Social Issues, vol. 49, no. 2, pp. 219-240.
Schwartz, M & Cunneen, C 2014, 'Redressing over-incarceration, addressing human rights: what can justice reinvestment do in Australia?', Right Now, vol. 16 September 2014.
Justice reinvestment (JR) emerged in the US in 2004 as a strategy for reversing the crisis of over-incarceration. Its central idea is to make savings in the corrections budget, and then reinvest those savings in localities that produce high numbers of offenders. Reinvestment might be in such things as redeveloping abandoned housing, providing job training and education, treatment for substance abuse and mental health services. Examples of ways to realise savings in the corrections budget include removing bail and probation/parole revocations for technical breaches, or ensuring that, where appropriate, prisoners are paroled at an early opportunity. JR is not about abolishing imprisonment; rather, it works on the assumption that many more people are incarcerated than is necessary for public safety.
Allison, F & Cunneen, C 2013, 'Indigenous Justice Agreements', Indigenous Justice Clearinghouse, Current Initiatives, no. 4, pp. 1-8.
Cunneen, C 2013, 'How fear and funding undercut a fair go for Indigenous Victorians', The Conversation, vol. 29 November 2013.
[Extract] Imagine being the mother of a young autistic boy, whose violent outbursts had caused $30,000 of damage to your rented home - but being too afraid to ask anyone for help for fear of having your son taken away. That was one of the stories shared with us as we travelled around Melbourne and country Victoria over the past 18 months, putting together a new report released today as part of Australia's first comprehensive study of Indigenous civil and family law needs. While most Australians are well aware of entrenched criminal justice issues facing Indigenous men and women, such as the disproportionately high rates of imprisonment, our new research shows that those legal problems go well beyond police and prisons.
Allison, F, Schwartz, M & Cunneen, C 2013, 'Thats Discrimination! Indigenous Peoples Experiences of Discrimination in the Northern Territory', Indigenous Law Bulletin, vol. 8, no. 5, pp. 8-12.
Cunneen, C, Loban, Luke, G & Munro, K 2012, 'Sentencing and Punishment in the Indigenous Justices of the Peace Courts', Australian Indigenous Law Review, vol. 16, no. 1, pp. 15-36.
Allison, F, Cunneen, C, Loban, H, Luke, G & Munro, K 2012, 'The Indigenous Justices of the Peace Courts in Queensland', Australian Indigenous Law Review, vol. 16, no. 1, pp. 8-12.
Baldry, E, Brown, DB, Brown, M, Cunneen, C, Schwartz, M & Steel, AD 2011, 'Imprisoning Rationalities', Australian and New Zealand Journal of Criminology, vol. 44, no. 1, pp. 24-40.
Imprisoment in Australia has been a growth industry over the past three decades. This article reports findings from the ARC funded Australian Prisons Project tracing penal developments in Australia since about 1970. The notion of penal culture provides an analytical lens for just three features of contemporary penality- retrictions on bail, the rise of post-sentence indefinitie detention and the role of supermax confinement. They each contribute to what we conclude to be the revalorisation ofthe prison in Australia.
Cunneen, C 2011, 'Book review of "Colonial Justice in British India. White Violence and the Rule of Law" by Elizabeth Kolsky, Cambridge University Press', Australian and New Zealand Journal of Criminology, vol. 44, pp. 312-317.
[Extract] Elizabeth Kolsky's book is centred on the relationship between law, violence and the development of the colonial state. It provides a legal, social and political analysis of how the British in India all too readily were able to literally get away with murder. She argues that racial violence was a constant and constituent element of British dominance in India, and that regular acts of violence 'simultaneously menaced and maintained British power in India from the late 18th to the early 20th centuries. Physical violence was an intrinsic feature of imperial rule'.
Cunneen, C 2011, 'Two decades of Penal Expansionism and its effect of Indigenous Imprisonment', Australian Indigenous Law Review, vol. 15, no. 1, pp. 8-17.
Allison, FJ, Cunneen, C, Loban, H, Luke, G & Munro, K 2011, 'Sentencing and Punishment in the Indigenous Justices of the Peace Courts', Australian Indigenous Law Review.
Baldry, E, Brown, M & Cunneen, C 2011, 'Introduction to Special Issue on Prisons', Australian and New Zealand Journal of Criminology, vol. 44, no. 1, pp. 4-6.
Baldry, E, Brown, D, Brown, M, Cunneen, C, Schwartz, M & Steel, A 2011, 'Imprisoning Rationalities', Australian and New Zealand Journal of Criminology, vol. 44, no. 1, pp. 24-40.
Allison, F & Cunneen, C 2010, 'The Role of Indigenous Justice Agreements in improving Legal and Social Outcomes for Indigenous People', Sydney Law Review, vol. 32, pp. 645-669.
Cunneen, C 2010, 'Fear: crime and punishment', Dialogue, vol. 29, pp. 44-54.
Australia, like many western nations, has seen an unprecedented rise in the levels of imprisonment over recent decades. Several factors have flowed from this overreliance on criminalisation and imprisonment as a tool of social policy: ? governments have seen a significant growth in budgets allocated to criminal justice expenditure at the cost of providing community-based resources; ? criminal justice policy has become increasingly politicised with little difference between the policies of major parties except to the extent that they try to outdo each other in more punitive approaches to law and order; and ? perhaps most importantly, it has been the more marginalised and less powerful social groups which have experienced the brunt of growing prison numbers. In particular, people with mental illness, Aboriginal and Torres Strait Islander peoples and women have seen the most significant increases in their rates of imprisonment. One effect of these policies has been, at a considerable financial cost, to further entrench the social exclusion of the already marginalised.
Cunneen, C 2010, 'Reviews of Justice in transition: community restorative justice in Northern Ireland (Anna Eriksson; Uffculme: Willan Publishing, 2009) and Torture, truth and justice: the case of Timor-Leste (Elizabeth Stanley; Abingdon: Routledge, 2009)', Australian and New Zealand Journal of Criminology, vol. 43, pp. 376-380.
[Extract] The process of reviewing these two books inevitably involves bringing to the fore a range of preconceived ideas, conceptions, images and theoretical stances by the reviewer. It is important to acknowledge at the outset that from my point of view there is not enough critical literature on restorative justice and transitional justice. Both these books take a critical reflexive approach to restorative and transitional justice paradigms within the specific settings of Northern Ireland and Timor-Leste. Because of this reflexive stance they provide refreshing and informative reading. They are both situated, contextualised readings of restorative and transitional justice that draw from these particular historical examples to enrich our understanding of the broader dynamics of justice in 'post' conflict societies.
Schwartz, M & Cunneen, C 2009, 'From Crisis to Crime: the escalation of civil and family law issues to criminal matters in Aboriginal communities in NSW', Indigenous Law Bulletin, vol. 7, no. 15.
Cunneen, C 2009, 'Criminology, criminal justice and indigenous people: a dysfunctional relationship?', Current Issues in Criminal Justice, vol. 20, no. 3, pp. 323-336.
Schwartz, M & Cunneen, C 2009, 'Working Cheaper, Working Harder: Inequity in Funding for Aboriginal and Torres Strait Islander Legal Services', Indigenous Law Bulletin, vol. 7, no. 10, pp. 19-19.
Schwartz, M & Cunneen, C 2009, 'Civil and Family Law Needs of Indigenous people in New South Wales: the Priority Areas', University of New South Wales Law Journal, vol. 32, no. 3.
Cunneen, C 2009, 'La guistizia riparativa al vaglio della criminologia critica', Studi sulla Questione Criminale, vol. IV, no. 1, pp. 41-58.
Cunneen, C 2008, 'Changing the Neo-Colonial Impacts of Juvenile Justice', Current Issues in Criminal Justice, vol. 20, pp. 43-58.
Cunneen, C & Schwartz, M 2008, 'Funding Aboriginal and Torres Strait Islander Legal Services: Issues of Equity and Access', Criminal Law Journal, vol. 32, pp. 38-53.
Cunneen, C 2008, 'Bringing Them Home and the Contemporary Criminalisation of Indigenous Young People', Australian Indigenous Law Review, vol. 12, pp. 46-54.
Cunneen, C & Luke, G 2007, 'Recidivism and the Effectiveness of Criminal Justice Interventions: Juvenile Offenders and Post Release Support', Current Issues in Criminal Justice, vol. 19, pp. 197-210.
Cunneen, C 2007, 'Assimilation and the Re-invention of Barbarism', Australian Indigenous Law Review, vol. 11, pp. 42-45.
Cunneen, C 2007, 'Assimilation and the Reinvention of Barbarism', Australian Indigenous Law Review, vol. 11, pp. 42-45.
Cunneen, C 2006, 'Aboriginal Deaths in Custody: A Continuing Systemic Abuse', Social Justice, vol. 33, pp. 37-51.
Cunneen, C 2006, 'Racism, Discrimination and the Over-Representation of Indigenous People in the Criminal Justice System: Some Conceptual and Explanatory Issues', Current Issues in Criminal Justice, vol. 17, no. 3, pp. 329-346.
Cunneen, C 2006, 'Policing Public Order and Public Spaces', Reform, vol. Winter 2006, no. 88, pp. 42-44.
Cunneen, C 2005, 'Colonialism and Historical Injustice: Reparations for Indigenous peoples', Social Semiotics, vol. 15, pp. 59-80.
Cunneen, C, Luff, J, Menzies, K & Ralph, N 2005, 'Indigenous Family Mediation: The New South Wales ATSIFAM Program', Australian Indigenous Law Review, vol. 9, pp. 1-14.
Cunneen, C & Grix, J 2003, 'The Stolen Generations and Individual Criminal Victimisation: Valerie Linow and the New South Wales Victims Compensation Tribunal', Current Issues in Criminal Justice, vol. 14, pp. 306-309.
Cunneen, C 2003, 'Reparations, Human Rights and the Challenge of Confronting a Recalcitrant Government', Third World Legal Studies Journal.
Cunneen, C 2003, 'Legal and Political Responses to the Stolen Generations: Lessons from Ireland', Indigenous Law Bulletin, vol. 5, no. 27, pp. 14-19.
Cunneen, C 2002, 'Preventing Violence Against Aboriginal Women Through Programs which Target Men', University of New South Wales Law Journal, vol. 8, pp. 24-28.
Cunneen, C 2002, 'Mandatory Sentencing and Human Rights', Current Issues in Criminal Justice, pp. 322-327.
Cunneen, C & Libesman, T 2000, 'Postcolonial trauma: The contemporary removal of indigenous children and young people from their families in Australia', Australian Journal of Social Issues, vol. 35, no. 2, pp. 99-115.View/Download from: Publisher's site
The removal of Indigenous children from their families within contemporary Australia is considered by way of both child protection and juvenile justice interventions and within the context of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families. In particular, the article considers the findings and recommendations of the Inquiry in relation to contemporary removals and Government responses to those recommendations.
Cunneen, C 1999, 'Criminology, genocide and the forced removal of indigenous children from their families', Australian and New Zealand Journal of Criminology, vol. 32, no. 2, pp. 124-138.View/Download from: Publisher's site
This article argues that understanding the nature of genocide in its various manifestations goes to the core of developing a 'postcolonial' criminology. Ultimately, the fact of genocide involves a re-theorising of the 'colonial question' in criminology. It involves a shift in the focus from Indigenous people as the object of inquiry usually as offenders, to the survivors of systematic crimes against humanity. Certainly in the Australian context, the greatest crime that has been committed on the continent since European conquest was genocide. Genocide also demands a rethinking of the criminalisation process, particularly in relation to 'crimes of the state'. How can the state be held responsible? What form can responsibility take, and what type of reparations are commensurate with the nature of the offence? Genocide against Indigenous peoples also inevitably leads us to the issue of preventing human rights abuses and respecting the existing and emerging rights of Indigenous peoples.The cultural and physical survival of indigenous peoples is ultimately dependent on self-determination. Again this poses quite specific questions for criminological theory and practice. How do we theorise the interrelationships between Indigenous modes of governance and law, with imposed extraneous models, and what are the policy implications of those interrelationships? The questions that are raised imply a very different approach to one which continually sees Indigenous people as a function of offending, imprisonment and so forth.
Cunneen, C 1998, 'Community Conferencing and the Fiction of Indigenous Control', Australian and New Zealand Journal of Criminology, vol. 30, no. 3, pp. 292-311.
The paper analyses the use of community conferencing for young people in various jurisdictions in Australia in the light of its impact in Indigenous communities. It argues that the manner in which these programs have been introduced has ignored Aboriginal rights to self-determination and has grossly simplified Indigenous mechanisms for resolving conflicts. In most jurisdictions, community conferencing has reinforced the role of state police and done little to ensure greater control over police discretionary decision-making. The changes have also been introduced in the context of more punitive law and order policies, including mandatory minimum imprisonment terms and repeat offender legislation for juveniles. The end result is likely to be greater bifurcation of the juvenile justice system along racialised boundaries, with Indigenous youth receiving more punitive outcomes.
Cunneen, C 1992, 'Commentary on the Report of the Aboriginals and the Law Mission, International Commission of Jurists, Australian Section', Australian & New Zealand Journal of Criminology, vol. 25, no. 2, pp. 186-191.View/Download from: Publisher's site
The article focuses on riots which have occurred at the Bathurst motorcycle races. A three-tiered historical, structural and phenom enological analysis is used to explain the riots. Historical data and participant observations of the 1985 riot are used to account for the historical roots and social meanings of the conflict and its escalation in recent years. It is proposed that the roots of conflict lie in the working-class backgrounds of the motorcycle subculture youth in volved, and the state response to the control of their leisure activity. It is also proposed that the use of coercive control measures by agencies of the state has escalated the level of conflict and anti-police sentiments at Bathurst. In using surface level explanations for the riots and responding to them with coercive controls, the deeper level social roots of the conflict have been overlooked. © 1988, Sage Publications. All rights reserved.
Since the early 1960s confrontations have occurred regularly between police and spectators attending the annual Australian Grand Prix Motorcycle Races. By the late 1970s these confrontations had escalated to become localized riots occurring at the site of the police compound on the Mount Panorama race circuit in Bathurst. To address the social meanings of these riots, historical, structural and phenomenological levels of analysis are used. Historical data point to the institutionalization of the conflict and its relationship to wider social structures. Participant observation data from the eight hour riot in 1985 allow a phenomenological reading of the play, game and ritual meanings embedded in the riots. These three levels of analysis lead to the proposition that the social roots of conflict lie in the working-class, motorcycle sub-culture backgrounds of youth involved in the riots and the state response to the control of their leisure activity.© 1988 E. and F.N. Spon Ltd.
Cunneen, C 2018, 'Indigenous People, Resistance and Racialised Criminality' in Bhatia, M, Poynting, S & Tufail, W (eds), Media, Crime, Racism, Palgrave Macmillan, Basingstoke, pp. 277-300.View/Download from: UTS OPUS
Cunneen, C & Russell, S 2018, 'Social Media, Vigilantism and Indigenous People in Australia' in Brown, M & Rafter, N (eds), The Oxford Encyclopedia of Crime, Media, and Popular Culture, Oxford University Press, New York.
The pervasiveness and prominence of mass media is a key feature of contemporary societies. Nowhere is this more relevant than when we look at the ubiquity of social media. In recent years 'anti-crime' Facebook pages have appeared across all states and territories in Australia, and as our social spaces increasingly shift from the physical to the virtual realm, different forms of online 'cyber' vigilantism have emerged. This chapter explores the ways in which community-justice and vigilantism in Australia are exercised through social media in the wider context of the racialised criminalisation of Indigenous young people. We explore how new forms of media are used to produce and reproduce a racialised narrative of crime, which at the same time has the effect of legitimating violence against [young] Indigenous Australians. This chapter draws on a number of 'anti-crime' Facebook pages, and finds that the very presence of these sites legitimates the beliefs of its members, while at the same time providing details of potential targets, most of whom are young people. We contend that the views expressed on these sites mirror, in more prosaic language, sentiments that are expressed in sections of the old media and among a number of ultra-right politicians and groups. Further these sites do little to question the broader ideological and political frameworks that present crime and disorder divorced from structural and historical conditions.
Cunneen, C 2018, 'Criminalisation and Policing in Indigenous Communities' in Behrendt, L, Cunneen, C, Libesman, T & Watson, N (eds), Aboriginal and Torres Strait Islander Legal Relations, Oxford University Press, Melbourne, pp. 89-107.
Cunneen, C 2018, 'Courts, Sentencing and Punishment' in Behrendt, L, Cunneen, C, Libesman, T & Watson, N (eds), Aboriginal and Torres Strait Islander Legal Relations, Oxford University Press, Melbourne, pp. 108-131.
Cunneen, C 2018, 'Indigenous Women and Criminal Justice' in Behrendt, L, Cunneen, C, Libesman, T & Watson, N (eds), Aboriginal and Torres Strait Islander Legal Relations, Oxford University Press, Melbourne, pp. 132-152.
Cunneen, C & Porter, A 2017, 'Indigenous Peoples and Criminal Justice in Australia' in Deckert, A & Sarre, R (eds), The Palgrave Handbook of Australian and New Zealand Criminology, Crime and Justice, Palgrave Macmillan, Cham, Switzerland, pp. 667-682.View/Download from: UTS OPUS or Publisher's site
The authors of this chapter contextualise crime and criminal justice within Australian colonial history. They map the development of Aboriginal criminology in Australia and cover key themes that have disproportionately affected Indigenous peoples such as over-policing, lack of access to justice in the neoliberal context, incarceration, and deaths in custody. Finally, the authors reflect on Indigenous experiences of criminal justice, and various processes that challenge contemporary justice interventions, including Indigenous courts, night patrols, and community justice initiatives. The authors conclude by considering the possibilities of an Indigenous criminology. The impact of Anglo-Australian criminal justice systems on Indigenous communities demands attention to a broad range of political, socio-economic, cultural, and historical contexts, as well as more mundane matters related to the day-to-day operation of criminal justice agencies. The political context requires us to understand the parameters in which Indigenous communities function. This includes the nature of Indigenous political demands for self-determination and the impact of state and federal policy frameworks that governments impose on Indigenous communities. The socio-economic context requires us to consider the position of Indigenous peoples in Australian society, in particular, the consequences of disadvantage that many communities face, and the impact that this position has on the relationship with crime and criminal justice. The cultural context requires attention to the nature of social relationships and cultural concerns within Indigenous communities, including Indigenous law and culture, and local mechanisms for dealing with disputes. The historical context raises fundamental questions of sovereignty, legitimacy, power, and resistance. In this chapter, we can only hope to touch on some of the more salient points. The following discussion is divided into four parts. The first part contextuali...
Schwartz, M, Allison, F & Cunneen, C 2017, 'The Civil and Family Law Needs of Indigenous People Forty Years After Sackville: The findings of the Indigenous Legal Needs Project' in Law and Poverty: 40 Years after the Commission of Inquiry into Poverty, Federation Press, Sydney, pp. 231-248.View/Download from: UTS OPUS
Cunneen, C 2017, 'Police Violence: The Case of Indigenous Australians' in The Wiley Handbook of Violence and Aggression, John Wiley and Sons, Hoboken, New Jersey.View/Download from: UTS OPUS or Publisher's site
This chapter analyses police violence in relation to Indigenous people in Australia. It utilizes a broad concept of violence to include physical violence, and other forms of ill-treatment. Such an approach is consistent with international human rights standards. An important part of the consideration of police violence includes reference to obligations to provide a duty of care to those in custody. The policing of Indigenous people and the use of violence in contextualised within a broader framework of colonial relations.
Cunneen, C & Tauri, J 2017, 'Indigenous Criminology' in Brisman, A, Carrabine, E & South, N (eds), The Routledge Companion to Criminological Theory and Concepts, Routledge, Milton Park, UK, pp. 306-310.View/Download from: UTS OPUS
Cunneen, C 2016, 'When does transitional justice begin and end? Colonised peoples, liberal democracies and restorative justice' in Clamp, K (ed), Restorative Justice in Transitional Settings, Routledge, pp. 190-210.View/Download from: Publisher's site
Brown, D, Cunneen, C, Schwartz, M, Stubbs, J & Young, C 2016, 'Justice Reinvestment as Social Justice' in The Routledge International Handbook of Criminology and Human Rights, Routledge, UK, pp. 309-318.View/Download from: UTS OPUS
This chapter draws on the work of the Australian Justice Reinvestment Project (AJRP) (Brown et al., 2015). The AJRP examined the development of justice reinvestment particularly in the context of it's alignment with broad social justice values. We are also specifically interested in how and whether justice reinvestment can meet the needs of those social groups that have been adversely affected by mass imprisonment and hyper-incarceration, particularly racial and Indigenous minorities, women and people with mental health issues and cognitive impairment (Cunneen et al., 2013). We argue that justice reinvestment was in its early development strongly tied to civil rights, particularly with the focus on imprisonment and racialization, and social justice for communities where large numbers of residents were recycled in and out of prison.
Cunneen, C & Tauri, J 2016, 'Survival, dignity and well-being: Indigenous human rights and transformative approaches to justice' in Weber, L, Fishwick, E & Marmo, M (eds), The Routledge International Handbook of Criminology and Human Rights, Routledge, England, pp. 429-439.View/Download from: UTS OPUS
This text is divided into six sections, each with an introduction and an overview provided by one of the editors. The opening section makes an assessment of the current standing of human rights within the discipline.
Cunneen, C 2016, 'Indigenous Peoples and Rural Criminology' in The Routledge International Handbook of Rural Criminology, Routledge, pp. 365-374.
Pioneering in scope, this book brings together leading international scholars from fourteen different countries to offer an authoritative synthesis of theoretical and empirical literature.
Cunneen, C & Rowe, S 2016, 'Reconsidering the Relationship Between Indigenous People and Violence' in Stubbs, J & Tomsen, S (eds), Australian Violence Crime, Criminal Justice and Beyond, Federation Press, Leichhardt, pp. 106-124.
Cunneen, C 2016, 'The place of Indigenous people: locating crime and criminal justice in a colonising world' in Harkness, A, Harris, B & Baker, D (eds), Locating Crime in Context and Place: perspectives on regional, rural and remote Australia, Federation Press, pp. 60-69.
[Extract] Since British colonisation began at the end of the 18th century, the history of Australia has been a struggle between Indigenous peoples and the colonisers over place. This is often represented as a struggle over land - its control and use. Yet for Indigenous people, land was never simply an economic commodity to be exploited. It was 'place' in a deeper sense of the word, a fundamental part of Indigenous cosmology and a necessary foundation to a person's or group's ontology or being in the world. Place, then, can be conceptualised as both a physical and metaphysical domain. Indeed both domains are intertwined, perhaps inseparable.
Cunneen, C & Rowe, S 2015, 'Decolonising Indigenous Victimisation' in Wilson, D & Ross, S (eds), Crime, Victims and Policy International Contexts, Local Experiences, Springer, pp. 10-32.
Cunneen, C & Goldson, B 2015, 'Restorative Justice? A Critical Analysis' in Youth Crime and Justice, SAGE, pp. 137-156.
Building upon the success of the first edition, this second - and substantially revised - edition of Youth Crime and Justice comprises a range of cutting-edge contributions from leading national and international researchers.
Cunneen, C & White, R 2015, 'Social Class, Youth Crime and Justice' in Youth Crime and Justice, SAGE, pp. 17-29.
Building upon the success of the first edition, this second - and substantially revised - edition of Youth Crime and Justice comprises a range of cutting-edge contributions from leading national and international researchers.
Cunneen, C 2015, 'The Place of Indigenous People: Location Crime and Criminal Justice' in Harkness, A, Baker, D & Harris, B (eds), Locating Crime in Context and Place: Perspectives on Regional, Rural and Remote Australia, Federation Press, pp. 60-69.
This essay provides an overview and analysis of juvenile justice in Australia. It describes the historical background to the establishment of a separate juvenile justice system and the contemporary legislative framework for juvenile justice. The essay examines the most prevalent offenses for which young people come into contact with juvenile justice agencies. the role of the police, the administration of diversionary schemes, and the role of the children's court are discussed. Particular attention is paid to the sentencing of young people and the various sanctions available to the court, including community-based orders and detention. The longer-term trends in sentencing, particularly the use of detention, are also analyzed. The essay concludes with a consideration of key issues in juvenile justice, including policing and public order, the use of pretrial detention (remand), racialization and the overrepresentation of Indigenous youth, and the importance of human rights
Cunneen, C 2014, 'Colonial Processes, Indigenous Peoples, and Criminal Justice Systems' in Bucerius, S & Tonry, M (eds), Oxford Handbook of Ethnicity, Crime and Immigration, Oxford University Press, New York.View/Download from: Publisher's site
Cunneen, C 2012, 'The race to defraud:state crime and the immiseration of Indigenous people' in Stanley, E & McCulloch, J (eds), State Crime and Resistance, Routledge, London and New York, pp. 99-113.
Cunneen, C 2012, 'About the condition of the Aborigines of Australia' in Dassonville, SP (ed), Le Statut des Peuples Autochones: a la croisée des savoirs, Karthala, pp. 261-264.
[Extract] Lex Wotton has been silenced by law. It is not his own Aboriginal law, but the law of a neo-colonial society that imposes itself on a marginalised people. Anglo-Australian law and policy has always sought to silence Indigenous peoples in Australia. The doctrine of terra nullius was the original silencing of the colonised. Indigenous peoples had no right to speak of their law or society because they did not exist as peoples with culture or organised social life. Despite more recent recognition of native title to land, the courts continue to uphold that Aboriginal peoples 'have no legislative, executive or judicical organs by which sovereignty might be organised' (Coe v Commonwealth (1979) 24 ALR 118 at 129). Without sovereignty, Indigenous peoples remain neither within the nation-state with recognised rights, nor fully outside the colonial society as separate independent people. They are suspended on the margins without a right to speak. 'What assertion of sovereignty by the British Crown necessarily entailed was that there could be thereafter no parallel law-making system in the territory over which it asserted sovereignty'. (Members of the Yorta Yorta Aboriginal Community v Victoria(2002) 194 ALR 538 at 552). Like Lex himself, the laws of Aboriginal peoples in Australia were struck mute.
Cunneen, C 2012, 'Restorative Justice, Globalisation and the Logic of Empire' in McCulloch, J & Pickering, S (eds), Borders and Crime: Pre-crime, Mobility and Serious Harm in an Age of Globalization, Palgrave, UK, pp. 147-162.
Cunneen, C 2012, ''Restorative Justice, Globalization and the Logic of Empire'' in McCulloch, J & Pickering, S (eds), Borders and Transnational Crime: Pre-Crime, Mobility and Serious Harm in an Age of Globalization, Palgrave Macmillan, London.
Cunneen, C 2011, 'Postcolonial Perspectives for Criminology' in Bosworth, M & Hoyle, C (eds), What is Criminology?, Oxford University Press, United Kingdom, pp. 249-266.
Cunneen, C 2011, 'Criminological Research and the search for meaning: Some reflections on praxis' in Bartels, L & Richards, K (eds), Qualitative criminology: stories from the field, Federation Press, Australia, pp. 167-178.
Cunneen, C & Cunneen, C 2010, 'Framing the Crimes of Colonialism: Critical Images of Aboriginal Art and Law' in Hayward, K & Presdee, M (eds), Framing Crime: Cultural Criminology and the Image, Routledge, London.
Cunneen, C 2009, 'Law, Policing and Public Order: The Aftermath of Cronulla' in Noble, G (ed), Lines in the Sand: The Cronulla Riots, Multiculturalism and National Belonging, Institute of Criminology Press, sydney, pp. 220-231.
Cunneen, C 2009, 'Indigenous Incarceration: The Violence of Colonial Law and Justice' in Scraton, P & McCulloch, J (eds), The Violence of Incarceration, Routledge Taylor and Francis Group, London, UK, pp. 209-224.
Cunneen, C 2009, 'Hate Crime' in Wakefield, A & Flemming, J (eds), The SAGE Dictionary of Policing, SAGE Publications, pp. 132-135.
Cunneen, C 2008, 'Understanding Restorative Justice Through the Lens of Critical Criminology' in Anthony, T & Cunneen, C (eds), The Critical Criminology Companion, Federation Press, Sydney, pp. 290-302.
Cunneen, C 2008, 'Deaths in Custody' in Cane, P & Conaghan, J (eds), The New Oxford Companion to Law, Oxford University Press, Oxford, UK, pp. 298-299.
Cunneen, C 2008, 'Indigenous Anger and the Criminogenic Effects of the Criminal Justice System' in Day, A, Nakata, M & Howells, K (eds), Anger and Indigenous Man, Federation Press, Annandale, pp. 37-46.
Cunneen, C 2008, 'State Crime, the Colonial Question and Indigenous Peoples' in Smeulers, A & Haveman, R (eds), Supranational Criminology: Towards a Criminology of International Crimes, Intersentia Press, Antwerp, pp. 159-180.
Cunneen, C 2008, 'Young People and Juvenile Justice' in Monahan, G & Young, L (eds), Children and the Law in Australia, LexisNexis Butterworths, Chatswood, Sydney, pp. 187-203.
Cunneen, C 2007, 'Crime, Justice and Indigenous People' in Barclay, E, Donnermeyer, J, Scott, J & Hogg, R (eds), Crime in Rural Australia, Federation Press, Leichhardt, NSW, pp. 142-153.
Cunneen, C 2007, 'Criminology, Human Rights and Indigenous Peoples' in Crime and Human Rights, Elsevier, Oxford, pp. 239-263.
Cunneen, C 2007, 'Policing in Indigenous Communities' in Mitchell, M & Casey, J (eds), Police Leadership and Management, Federation Press, Leichhardt, NSW, pp. 231-243.
Cunneen, C 2007, 'Reflections in Criminal Justice Policy since the Royal Commission into Aboriginal Deaths in Custody' in Reflections: 40 Years on from the 1967 Referendum, Aboriginal Legal Rights Movement, Adelaide, pp. 135-146.
Cunneen, C 2007, 'Reviving Restorative Justice Traditions' in Johnstone, J & Van Ness, D (eds), The Handbook of Restorative Justice, Willan Publishing, Cullommpton, Devon, pp. 113-131.
Cunneen, C 2007, 'Riot, Resistance and Moral Panic: Demonising the Colonial Other' in Poynting, S & Morgan, G (eds), Outrageous! Moral Panics in Australia, ACYS Pulishing, Hobart TAS, pp. 20-29.
Cunneen, C 2006, 'Restorative justice' in McLaughlin, E & Muncie, J (eds), The Sage Dictionary of Criminology, Sage Publications, London.
Cunneen, C 2006, 'Exploring the Relationship Between Reparations, the Gross Violations of Human Rights, and Restorative Justice' in Handbook of restorative justice, Taylor & Francis, New York, pp. 355-368.
Cunneen, C 2006, 'The Effects of Colonial Policy: Genocide, Racism, and Aboriginal People in Australia' in Racial, Ethnic, and homophobic Violence: Killing in the Name of Otherness, Routledge-Cavendish, London, pp. 17-30.
Cunneen, C & White, R 2006, 'Social Class, Youth Crime and Justice' in Youth Crime and Justice, Sage Publications, London, pp. 17-29.
Cunneen, C & White, R 2006, 'Australia: Containment or Empowerment?' in Muncie, J & Goldson, B (eds), Comparative Youth Justice, Sage Publications, London, pp. 96-110.
Cunneen, C 2006, 'The Criminalization of Indigenous Peoples' in Maaka, R & Anderson, C (eds), The Indigenous Experience, Global Perspectives, Candaian Scholars Press, Toronto, pp. 189-205.
Cunneen, C 2006, 'Restorative Justice' in McLaughlin, E & Muncie, J (eds), The Sage Dictionary of Criminology, Sage Publications, London, pp. 359-361.
Cunneen, C 2006, 'Exploring the Relationship Between Reparations, the Gross Violations of Human Rights and Restorative Justice' in Handbook of restorative justice, Taylor & Francis, New York, pp. 355-368.
Cunneen, C 2005, 'Consensus and Sovereignty: Rethinking Policing in the Light of Indigenous Self-determination' in Hocking, B (ed), Unfinished Constitutional Business? Rethinking Indigenous Self-determination, Aboriginal Studies Press, Canberra, pp. 47-60.
Cunneen, C 2004, 'What are the Implications of Restorative justice use of Indigenous traditions?' in Zehr, H & Toews, B (eds), Critical Issues in Restorative justice, Criminal Justice Press, Cullompton, Devon.
Cunneen, C 2004, 'The Political Resonance of Crime Control Strategies: Zero Tolerance Policing' in Hil, R & Tait, G (eds), Hard Lessons: Reflections on Governance and Crime Control in Late Modernity, Ashgate, Aldershot, England, pp. 151-170.
Cunneen, C & Stubbs, J 2004, 'Cultural Criminology: Engaging with Race, Gender and Post-colonial Identities' in Ferrell, J, Hayward, K, Morrison, W & Presdee, M (eds), Cultural Criminology Unleashed, Glasshouse Press, London, pp. 97-108.
Cunneen, C & Grix, J 2003, 'The Stolen Generations', Indigenous Law Centre, UNSW, pp. 14-15.
Cunneen, C 2003, 'Zero Tolerance Policing and the Experience of New York City' in Decker, S, Alarid, L & Katz, C (eds), Controversies in Criminal Justice. Contemporary Readings, Roxbury Publishing Company, Los Angeles, pp. 135-157.
Cunneen, C 2003, 'Thinking Critically about Restorative Justice' in McLaughlin, E, Fergusson, R, Hughes, G & Westmarland, L (eds), Restorative Justice: Critical Issues, Sage Publications Ltd, pp. 182-194.
Cunneen, C 2003, 'Fantasy Islands: Desire, 'race' and violence' in Tomsen, S & Donaldson, M (eds), Male Trouble: Looking at Australian Masculinities, Pluto Press, Melbourne, Australia, pp. 69-91.
Cunneen, C 2002, 'Zero Tolerance Policing and the Experience of New York City' in Decker, S, Alarid, L & Katz, C (eds), Controversies in Criminal Justice. Contemporary Readings, Roxbury Publishing Company, Los Angeles, pp. 144-157.
Cunneen, C 2002, 'Restorative Justice and the Politics of Decolonization' in Weitekamp, E & Kerner, H-J (eds), Restorative Justice. Theoretical Foundations, Willan Publishing, Uffcolme, pp. 32-49.
Cunneen, C & Stubbs, J 2002, 'Migration, political economy and violence against women: the post-immigration experiences of Filipino women in Australia' in Freilich, JD, Newman, G, Shoham, SG & Addad, M (eds), Migration, Culture Conflict and Crime, Ashgate's series, Advances in Criminology, Dartmouth, pp. 159-186.
Book has 334 pages total.
Cunneen, C & Stubbs, J 2002, 'Domestic violence and women's safety: Feminist challenges to restorative justice' in Strang, H & Braithwaite, J (eds), Restorative justice and family violence, Cambridge University Press, Melbourne, Australia, pp. 42-61.
Allison, F, Cunneen, C & Schwartz, M 2013, 'The Civil and family law needs of Aboriginal and Torres Strait Islander people in Australia: the Indigenous Legal Needs Project II', National Association of Community Legal Centre Conference, National Association of Community Legal Centres.
Presentation of the Indigenous Legal Needs Project research findings in the NT and Victoria
Cunneen, C & Baldry, E 2011, 'Contemporary Penality in the Shadow of Colonial Patriachy', 5TH Annual Australian and New Zealand Critical Criminology Conference Proceedings, 5TH Annual Australian and New Zealand Critical Criminology Conference, James Cook University, James Cook University, Townsville, Queensland, pp. 1-15.
Allison, F, Cunneen, C & Schwartz, M 2012, 'The civil and family law needs of Aboriginal and Torres Strait Islander people in Australia: the Indigenous legal needs project', 2012 National Community Legal Centres Conference, National Association of Community Legal Centres, pp. 1-26.
Schwartz, M, Cunneen, C & Allison, F 2014, The Civil and Family Law Needs of Indigenous people in Queensland, Australia.
Schwartz, M, Allison, F & Cunneen, C Cairns Institute, James Cook University, Cairns 2014, The Civil and Family Law Needs of Indigenous People in Western Australia, Australia.
Schwartz, M, Allison, F & Cunneen, C James Cook University 2013, The civil and family law needs of Indigenous people in Victoria.
This report presents key findings and recommendations of research conducted in 2012- 2013 by the Indigenous Legal Needs Project (ILNP) in Victoria.1 The ILNP is a national project. Its aims are to: ? identify and analyse the legal needs of Indigenous communities in non-criminal areas of law (including discrimination, housing and tenancy, child protection, employment, credit and debt, wills and estates, and consumer-related matters); and ? provide an understanding of how legal service delivery might work more effectively to address identified civil and family law needs of Indigenous communities. ILNP research is intended to benefit Indigenous people by improving access to civil and family law justice.
Stubbs, J, Young, C, Brown, D, Cunneen, C & Schwartz, M 2013, Submission No PA24 to NSW Law Reform Commission, Parole, no. Submission No PA24, Australia.
Stubbs, J, Brown, D, Cunneen, C, Schwartz, M & Young, C 2013, Submission No 114 to Senate Standing Committee on Legal and Constitutional Affairs, Parliament of Australia, Value of a justice reinvestment approach to criminal justice in Australia, 20 June 2013..
Schwartz, M, Cunneen, C & Allison, F 2013, Indigenous Legal Needs Project - Submission to Productivity Commission's Inquiry into Access to Justice Arrangements, Australia.
Schwartz, M, Allison, F & Cunneen, C 2012, Indigenous Legal Needs Project NT Report, Australia.
Schwartz, M, Baldry, E, Cunneen, C, Brown, D, Brown, M & Steel, A 2011, Submission to the NSW Law Reform Commission review of the Bail Act NSW (1978), Australia.
Cunneen, C Department of Communities, Queensland Government 2010, Alternative and Improved Responses to Domestic and Family Violence In Queensland Indigenous Communities, University of New South Wales.
This report addresses the issue of whether the legal system is responding adequately to domestic and family violence against Indigenous people. More specifically it assesses the effectiveness of domestic violence protection orders for Indigenous clients and proposes recommendations for change. The research has been commissioned by the Violence Prevention Unit in the Department of Communities, and was developed in consultation with the Violence Prevention Unit (VPU). At the time the research was commissioned there was no routine data available on the number of domestic and family violence protection orders being made for Indigenous victims of violence. An assumption underpinning the research was that Indigenous women were not using domestic and family violence protection orders to an extent that might be expected given the level of reported violence. The aims of the research were as follows: ? determine what data is available in relation to the use of domestic violence orders by Indigenous clients ? determine whether domestic violence orders are an adequate and effective legal mechanism to respond to violence against Indigenous clients, particularly in rural and remote areas ? propose potential models for more effective interventions in responding to domestic and family violence in Indigenous communities, and determine whether they require legislative or non-legislative change.
Schwartz, M & Cunneen, C 2008, The Family and Civil Law Needs of Aboriginal People In New South Wales: Final Report, Australia.
Cunneen, C, Ella-Duncan, M, Kennedy, M, Dickson, J, Telford, G & Penrith, L NSW Attorney-General's Department 2008, New South Wales Aboriginal Child Sexual Assault Taskforce, Sydney.
Cunneen, C NSW Department of Juvenile Justice 2006, Evaluation of the Aboriginal Over-Representation Strategic Plan.
Cunneen, C, Collings, N & Ralph, N Justice Agencies CEOs, Queensland Government 2005, Evaluation of the Queensland Aboriginal and Torres Strait Islander Justice Agreement.
Panel Member for public roundtable with leading academics and practitioners on Indigenous Deaths in Care and Custody.
Schwartz, M, cunneen, Allison, F & Guthrie, J 2017, 'Submission to the Australian Law Reform Commission Inquiry into the incarceration rate of Aboriginal and Torres Strait Islander peoples'.
Schwartz, M, Brown, DB & Cunneen, C 2017, 'Justice Reinvestment', Indigenous Justice Clearing House, Australian Government Canberra, pp. 1-8.
Schwartz, M, Shockman, B & cunneen, C 2016, 'Workshop on Practical Implementation of Justice Reinvestment Projects in Indigenous Communities (13 and 14 October 2015): final report.'.
Schwartz, M & Cunneen, C 2014, 'Review of the Legal Aid NSW Aboriginal Field Officer pilot program in civil and family law', Australia.
This report presents key findings and recommendations based upon research conducted in 2011 by the Indigenous Legal Needs Project (ILNP) in the Northern Territory (NT). The ILNP aims broadly and on a national level: ?To identify and analyse the legal needs of Indigenous communities in non-criminal areas of law (including discrimination, housing and tenancy, child protection, employment, credit and debt, wills and estates, and consumer-related matters); and ?To provide an understanding of how legal service delivery might work more effectively to address identified civil and family law needs of Indigenous communities.
Allison, F & Cunneen, C 2008, 'Indigenous bail diversion: program options for Indigenous offenders in Victoria', University of NSW.
[Extract] FINDINGS AND RECOMMENDATIONS Distribution by type of bail diversion program General vs issue-specific programs: Across the States and Territories, we have identified a greater number of bail diversion programs focusing upon a specific issue than general programs. The issue-specific programs focus primarily upon illicit drug use; mental health; and, to a lesser extent, Indigenous offenders as a group (including within those diversion programs focusing upon substance abuse). However, these issue-specific programs may also deal with a broad range of issues for offenders once they have been accepted onto a program, to differing degrees, in a similar fashion to a program such as CISP?but generally only of course with respect to a certain group of offenders (selected by narrower criteria). Indigenous-specific/mainstream programs: There are not many Indigenous-specific bail diversion or support programs across the jurisdictions. Indigenous-specific programs fall into two categories?those programs dealing with substance abuse and programs with a broader focus. QIADP is the only one of the substance-abuse programs with a focus upon both alcohol and Indigenous offenders. However, nearly all other bail diversion programs with a focus upon alcohol have been developed, to different degrees, to specifically address alcohol use amongst Indigenous offenders. There is only one Indigenous-specific illicit drug bail diversion program (which also deals with alcohol)?the Indigenous Diversion Program (WA). Significantly, all of the substance abuse-based bail diversion programs with some focus upon Indigenous offenders are targeted at particular Indigenous communities rather than being statewide. Other programs, despite not being Indigenous specific, indicate a particular focus upon Indigenous people. The bail support programs provide an example of this. Programs that are not Indigenous-specific may still have high rates of Indigenous participation, perhaps more likely to occ...