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Indigenous Justice

Unit code: JSB371
Contact hours: 3
Credit points: 12
Information about fees and unit costs

In the context of increasing public and institutional concern for the recognition of the political, social, cultural and legal rights of Indigenous peoples, it is essential that those who work in the justice system have an understanding of contemporary Indigenous justice issues. All justice professionals require a sound grasp of the unique aspects of Indigenous culture and society which impact upon the interaction of Indigenous people with the justice system. The operation of both the criminal and civil justice systems in Australia has, at times, been characterised by inequity, intolerance and ignorance in the development and implementation of policies directed towards Indigenous people. This unit explores the major areas of interaction between Indigenous Australians and the justice and legal systems and seeks to raise awareness of those factors which inhibit the formulation of sound policy and practice.


Availability
Semester Available
2012 Semester 1 Yes

Sample subject outline - Semester 1 2012

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

In the context of the ongoing over-representation of Aboriginal peoples in the criminal justice system, it is essential that those who work in the justice, secondary and tertiary education sectors, have an understanding of contemporary Indigenous issues. All justice professionals require a sound grasp of the unique aspects of Indigenous culture and society which impact upon the interaction of Indigenous people with the criminal justice system. The operation of the criminal justice system in the various Australian jurisdictions have, at times, been characterised by inequity, intolerance and ignorance in the development and implementation of policies directed towards Indigenous people. This unit explores the major areas of interaction between Indigenous Australians and the criminal justice system and seeks to raise awareness of those factors which inhibit the formulation of sound policy and practice.

Aims

This unit aims to provide you with a range of knowledge, understanding and skills that will enhance your capacity to comprehend, critique, develop and assist in the implementation of policies which improve the experience of Indigenous people with the justice system. This unit aims to develop your capacity to recognise the unique disadvantages experienced by Indigenous people with respect to particular areas of crime control policy and practice and suggest ways in which criminal justice organisations and education institutions can best respond to these disadvantages.

Objectives

On completion of this unit, you should be able to:
1. Demonstrate an understanding of, and sensitivity to, the historical and contemporary processes which have imposed a culturally external system of criminal justice on Indigenous Australians and demonstrate the graduate attribute of Indigenous content and perspective;
2. Demonstrate an understanding of, and sensitivity to, the ways in which social, political and legal factors combine to disadvantage Indigenous people and demonstrate the graduate attribute of Indigenous perspective and an inclusive perspective;
3. Identify and comment on contemporary criminal justice issues which are important to Indigenous peoples including such areas as over-policing, deaths in custody, customary law, criminal justice and human rights issues and demonstrate the graduate attribute of Indigenous content and an appreciation of diversity;
4. Demonstrate a knowledge of information sources and resources for the study of Indigenous issues in criminal justice and demonstrate the graduate attribute of research.

Content

Module 1: Why study Indigenous issues in criminal justice?
Week 1: Why Indigenous Justice?
Week 2: Clash of cultures: Aboriginal Justice and Colonial, Western Justice

Module 2: The Practice of Western and Customary Law
Week 3: Racial Discrimination and the Law
Week 4: Customary Law: Practicing 'Old Justice' in Contemporary Times

Module 3: Systems of 'Justice' and Social Control
Week 5: Mainstream and Indigenous (self) Policing
Week 6: Deaths in Custody
Week 7: Courts and Sentencing
Week 8: Indigenous Courts
Week 9: Punishment and Penal Policy
Week 10: Issues for Aboriginal Women
Week 11: Issues for Aboriginal Youth
Week 12: Social Policy and the Governance of Indigenous Peoples
Week 13: Indigenous Justice in the International Context

Approaches to Teaching and Learning

This unit is offered in both internal and external mode.

Internal mode delivery is organised around lectures and tutorials. Lectures will be two hours in duration and focused on presenting the material and tutorials upon clarification and reflection. Tutorials will be of one hour duration each week.

External mode delivery encourages you to engage with the topics in the Study Guide on a weekly basis. Lectures will be audio streamed and available via the Blackboard site for all students

In both external and internal mode you will be encouraged to take responsibility for your own learning under the guidance of the teaching team. You are advised to make extensive use of the Blackboard website, which is available through the QUT home page. Most specifically, tutorial activities, PowerPoint slides and readings are included on this page.

Assessment

Assessment is in this unit is both formative and summative.

Assessment name: Examination
Description: This exam will cover all material in the Study Guide. The exam will include both short answer and essay formats.
This piece of assessment is summative.
Relates to objectives: This assessment item is linked to learning objectives 1, 2, 3 and 4.
Weight: 40%
Internal or external: Both
Group or individual: Individual
Due date: Exam Period

Assessment name: Essay
Description: This piece of assessment is summative.
Relates to objectives: This assessment item is linked to learning objectives 1, 2, 3 and 4.
Weight: 30%
Internal or external: Both
Group or individual: Individual
Due date: Week 6

Assessment name: Reflective Journal
Description: This piece of assessment is summative.
Relates to objectives: This assessment item is linked to learning objectives 1, 2, 3 and 4.
Weight: 30%
Internal or external: Both
Group or individual: Individual
Due date: Week 12

Academic Honesty

Academic honesty means that you are expected to exhibit honesty and act responsibly when undertaking assessment. Any action or practice on your part which would defeat the purposes of assessment is regarded as academic dishonesty. The penalties for academic dishonesty are provided in the Student Rules. For more information you should consult the QUT Library resources for avoiding plagiarism.

Resource materials

Recommended Texts:
Blagg, H. (2008). Crime, Aboriginality and the Decolonisation of Justice. Sydney: Hawkins Press. Cunneen, C. (2001). Conflict, Politics and Crime: Aboriginal Communities and the Police. Crows Nest: Allen and Unwin.

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Risk assessment statement

There are no known risks associated with this Unit.

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 14-Dec-2011