Thursday, September 20, 2007

Douglas on Justice Kriewaldt, Aboriginal Identity and the Criminal Law (in Austrialia)

Heather Douglas, University of Queensland, has posted a new essay, Justice Kriewaldt, Aboriginal Identity and the Criminal Law. It appeared in the Criminal Law Journal. Here's the abstract:
The criminal justice system continues to encounter dilemmas about how it can appropriately accommodate Aboriginal Australians. Justice Martin Kriewaldt was a judge of the Northern Territory Supreme Court from 1951 – 1960. Little has been written about his legacy however his influence is important and his views continue to inform current debates in criminal justice. During his period on the bench Kriewaldt J frequently struggled with the question of how to understand and distinguish Aboriginal people in relation to the criminal law. This article examines some of the reported and unreported judgements of Kriewaldt J and focuses attention on Kriewaldt J's attempts to identify Aboriginal people in relation to the criminal law.

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