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Indigenous Courts, Culture and Partner Violence PDF

222 Pages·2019·2.423 MB·English
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PALGRAVE STUDIES IN RACE, ETHNICITY, INDIGENEITY AND CRIMINAL JUSTICE Indigenous Courts, Culture and Partner Violence Elena Marchetti Palgrave Studies in Race, Ethnicity, Indigeneity and Criminal Justice Series Editors Chris Cunneen University of Technology Sydney Sydney, NSW, Australia Katheryn Russell-Brown University of Florida Gainesville, FL, USA Shaun L. Gabbidon Penn State Harrisburg Middletown, PA, USA Steve Garner School of Social Sciences Cardiff University Cardiff, UK This pioneering series brings much-needed attention to minority, excluded, and marginalised perspectives in criminology, centred on the topic of ‘race’ and the racialization of crime and criminal justice systems. It draws on a range of theoretical approaches including criti- cal race theory, critical criminology, postcolonial theory, intersectional approaches and Indigenous theory. The series seeks to challenge and broaden the current discourse, debates and discussions within con- temporary criminology as a whole, including drawing on the voices of Indigenous people and those from the Global South which are often silenced in favour of dominant white discourses in Criminology. More information about this series at http://www.palgrave.com/gp/series/15777 Elena Marchetti Indigenous Courts, Culture and Partner Violence Elena Marchetti Griffith Law School Griffith University Brisbane, QLD, Australia Palgrave Studies in Race, Ethnicity, Indigeneity and Criminal Justice ISBN 978-1-137-58062-7 ISBN 978-1-137-58063-4 (eBook) https://doi.org/10.1057/978-1-137-58063-4 Library of Congress Control Number: 2019930708 © The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Limited 2019 The author(s) has/have asserted their right(s) to be identified as the author(s) of this work in accordance with the Copyright, Designs and Patents Act 1988. This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Cover illustration: GettyImages-601007075 This Palgrave Macmillan imprint is published by the registered company Springer Nature Limited The registered company address is: The Campus, 4 Crinan Street, London, N1 9XW, United Kingdom Acknowledgements This book is the product of research that was possible because of two Australian Research Council (ARC) grants. The first was a Discovery Project (awarded together with an Australian Research Fellowship) which I attained with Professor Kathleen Daly and Dr Jackie Huggins, both of whom I owe a great deal of gratitude. They were both willing to become Chief Investigators on the grant application, despite the fact that they were already over-burdened with other work. They saw value in the research and agreed to participate in the project as needed. Without their guidance, mentorship, friendship and support, I may never have achieved what I was able to achieve. The second grant was an ARC Future Fellowship grant, which allowed me to further analyse the data from the first grant and to produce this book. Without both these grants, this book probably wouldn’t exist. Writing this acknowledgement is possibly more difficult than writing the book. I say this because I want to make sure I mention and thank the people who helped so much with the research that underpins this book and in writing the book. First and foremost, I am deeply grate- ful to the men and women I interviewed, who had either been through an Indigenous sentencing court process or whose partners had been v vi Acknowledgements through the process. They agreed to talk to a non-Indigenous stranger about their experiences of court and in doing so, placed their trust in me that I would not only listen to and respect what they said, but that I would also not misuse their words. I have tried my very best to do this, because I know that their trust was not given lightly and that I have been very fortunate to have been allowed into their lives, even for the briefest of moments, considering how much damage research has caused Indigenous people and communities in the past. The topic of this book, Indigenous sentencing courts and their use for partner violence offending, is not an easy one to digest, particularly after wit- nessing the poverty, marginalisation and discrimination that many Indigenous people face on a daily basis. There is much stereotyping that occurs when people discuss Indigenous domestic and family violence, and very little understanding of the complexities of the lived experi- ences of Indigenous people as a result of the enduring injustices of col- onisation. I hope in this book that I have discussed the topic of partner violence within the context of Indigenous sentencing courts, with sensi- tivity, compassion and a sufficient level of understanding to do justice in reporting the information provided by the men and women who agreed to speak to me. This book is as much theirs as it is mine. Secondly, I would like to sincerely thank the Elders, Community Representatives and Indigenous court workers who assisted me in conducting the fieldwork for this book. They are: the late Aunty Kate, Gail Wallace, Michelle Wellington, Victor Darcy, Aunty Carol Willie, Graeme White, Dion Devow, Rachelle Kelly, Aunty Nancy, Aunty Dolly, and Craig Casey. In Mt Isa, I am also indebted to Father Mick and Brother Martin who under the auspices of the North West Queensland Indigenous Catholic Services do an enormous amount of work in the community to help those in need and to assist the Murri Court. Other members of the Advisory Group who assisted throughout the research by providing crucial advice and contacts are John Hinchey, Samantha Harring and Kyalie Moore. Magistrates who I met early on in my research into Indigenous sentencing courts and who guided my future research focus are: Former Chief Magistrate Diane Fingleton, Magistrate Tina Previtera, Magistrate Annette Hennessy, Magistrate Doug Dick, Magistrate Wayne Evans and Magistrate Bevan Manthey. Acknowledgements vii The courts and the public are fortunate to have magistrates like these presiding over Indigenous sentencing courts. Many have become good friends who have continued to support my research career and I am very grateful for that. Research Assistants who have provided valuable cultural advice and support for my work are Vanessa Cavanagh and Debbie Bargallie—they have been (and continue to be) loyal and supportive friends. Other Research Assistants who have worked with me during the research or book writing phase of the project are Riley Downie, Priya Vaughan, Trent Shepherd and Amelia Radke. Thank you so much to all of you for reading drafts, organising trips, collecting relevant materials and for continuing to be enthusiastic about my work. To my loving sister, Domenica Bohmer and her wonderful fam- ily, Jon, Jemma, Mikayla and Andrew, thank you for always believing in me, listening to my passionate rants about justice and being patient when I have been over-loaded with work. Marilyn and Ben, thank you for always being there for me, no questions asked. Richard Leghissa, thank you for taking me on a journey that has taught me a lot about love, relationships and friendship. To my many dear friends (you know who you are), thank you for also putting up with my often-outspoken passion for justice and equality, for lifting me up when I’ve been down and for being loyal and fabulous friends of mine. Colleagues (who are also good friends) who have always been there to cheer me on and offer helpful advice throughout my career are Janet Ransley, Mary Keyes (thank you for the book writing meetings!!), Susan Dennison, Thalia Anthony, Andrew Goldsmith, Alessandro Pelizzon, Lorraine Mazerolle, Nan Seuffert and Ian Buchanan. There are many others of course, in particular the wonderful female colleagues in the School of Law and School of Criminology and Criminal Justice, Griffith University with whom life in academia just wouldn’t be the same. Another spe- cial person who deserves mention and my gratitude is Aunty Barbara Nicholson. Although not directly involved in this research project, Aunty Barb has been a rock of support and provider of sage advice in many, many ways. viii Acknowledgements I dedicate the book to my mum who passed away during the research project. I know she would have been proud of my achievement and that she is still watching and guiding me every day. Contents 1 Introduction 1 2 Partner Violence—Global, Legal and Indigenous Perspectives 13 3 Indigenous and Domestic and Family Violence Specialist Courts 31 4 Indigenous Sentencing Courts in Two Australian States 53 5 The Role of Elders and Community Representatives and How It Impacts on Perceptions of Justice 77 6 Couples Who Stayed Together 101 7 Couples Who Separated 125 8 De-colonising ‘What Works’ 149 ix

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