Title: Sentencing Circles for Aboriginal Offenders in Canada: Furthering the Idea of Aboriginal Justice Within a Western Justice Framework
Author: Spiteri, Melanie
Source: University of Windsor Department of Sociology and Anthropology
Date: 01/01/2001
Subject: Circles - Sentencing
Call Number: 210.08.04.08
Type: Thesis (188p.)
Abstract: This thesis examines the use of sentencing circles for Aboriginal offenders in Canada. The purpose of this thesis is to investigate the degree to which the idea of Aboriginal justice, and the concepts associated with this idea, have been furthered by the implementation of sentencing circles in Aboriginal communities across Canada. The amount of control that Aboriginal community members have over the sentencing circle process and sentencing itself will be an important factor in furthering the idea of Aboriginal justice within a Western justice framework.
The main source of data for this case study includes seventeen reported sentencing circles judgments, seven sentencing circle applications, and three appeals of sentencing circle decisions all of which took place between 1990 and 1999. Existing research on sentencing circles and Aboriginal justice is also explored throughout this thesis.
The findings suggest that community members, victims, and offenders have begun to act on the understanding that justice is a community responsibility by participating in sentencing circles. While circle participants can introduce Aboriginal traditions and practices into the circle process and can suggest restorative and healing sentencing plans, they do this within the constraints of the criminal justice system. The criminal justice system, through case law/appeals and legislation in the Canadian Criminal Code, places constraints upon the sentencing of offenders in sentencing circles. Judges are restricted as to the types of sentences that can be given to Aboriginal offenders in sentencing circles. While judges retain the power over sentencing they often accept the recommendations for sentence given by community members. The community members' suggestions are often reflected in the conditions of probation.
Many of the sentences given did further the idea of Aboriginal justice by ensuring that offenders follow a rehabilitative plan, with the help of their fellow community members. These plans include aspects of restoration (and counselling), reconciliation, restitution, and reimbursement. The conclusion is made that even though Aboriginal justice initiatives, such as sentencing circles, are operating within the Western justice framework, they do allow for the advancement of concepts associated with the idea of Aboriginal justice.
Full Text: CFRJ Database: http://www.sfu.ca/crj/fulltext/spiteri.pdf
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APA Style
Spiteri, Melanie.  (2001).  Sentencing Circles for Aboriginal Offenders in Canada: Furthering the Idea of Aboriginal Justice Within a Western Justice Framework  University of Windsor Department of Sociology and Anthropology.  Retrieved from http://www.sfu.ca/crj/fulltext/spiteri.pdf

MLA Style
Spiteri, Melanie.  "Sentencing Circles for Aboriginal Offenders in Canada: Furthering the Idea of Aboriginal Justice Within a Western Justice Framework"  University of Windsor Department of Sociology and Anthropology 2001.  ‹http://www.sfu.ca/crj/fulltext/spiteri.pdf›.

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