Overview

Combining qualitative research, personal experience, and scholarly literature Ross Green looks at the evolution of the Canadian criminal justice system and the values upon which it is based against the Aboriginal concepts of justice. Using his personal experiences as a defence lawyer, case studies of several communities, as well as interviews with judges, prosecutors, community leaders, and participants in sentencing circles, sentencing panels, and mediation committees, Green approaches the criminal justice system from multiple angles. Against this backdrop, he analyzes the successes of and challenges to the innovative sentencing approaches currently evolving in Aboriginal communities.

Full Product Details

Author:   Ross Gordon Green
Publisher:   Purich Publishing
Imprint:   Purich Publishing
Weight:   0.321kg
ISBN:  

9781895830101

ISBN 10:   1895830109
Pages:   192
Publication Date:   01 June 1998
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Awaiting stock  
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Table of Contents

Acknowledgements Illustrations Introduction Part 1: Conventional and Aboriginal Systems of Justice and Sentencing Compared 1. Sentencing Law and Practice in Canada 2. An Historical Overview of Aboriginal Perspectives on Justice 3. Aboriginal People and the Canadian Justice System The Circuit Court as Absentee Justice System The Misinterpretation of Aboriginal Offender Information and Behaviour at Sentencing 4. Opportunities for Community and Victim Participation and Sentencing Discretion in Conventional Sentencing Opportunities for Community and Victim Participation Community and Victim Participation in Diversion Outside the Court System The Role of Appellate review in Sentencing Discretion Jury Sentencing in the United States A Search for New Approaches Part 2: Case Studies 5. The Sentencing Circle Status of Circle Recommendations in the Criminal Code Criteria for Circle Sentencing Deterrence through Circle Sentencing Circle Sentencing at Hollow Water, Manitoba Circle Sentencing at Sandy Bay, Saskatchewan 6. The Elders' or Community Sentencing Panel The Elders Justice Advisory Council at Waywayseecappo, Manitoba 7. The Sentence Advisory Committee The Sentence Advisory Process at Pelican Narrows, Saskatchewan 8. The Community Mediation Committee The Justice Committee at the Mathial Colomb Cree Nation, Pukatawagan, Manitoba Part 3: Evaluation and Thoughts for the Future 9. The Development and Impact of Community Sentencing and Mediation Initiatives 10. Post-Colonialism, Legal Pluralism, and Popular Justice Post-Colonialism Legal Pluralism Popular Justice 11. Justice and Policy Issues Raised by Community Sentencing and Mediation The Court's Supervisory Role in Community Sentencing Approaches Political Influence and Judicial Independence Financial Infrastructure or Volunteer Support? Expansion of Community Sentencing Approaches The Potential Effect of Statutory Reform and Appellate Sentencing Review on the Development of Community Sentencing Policy Implications of Expanded Community Sentencing 12. Conclusion Notes Index

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Author Information

Ross Green holds a degree in commerce, and Bachelor and Master of Laws degrees. He has practised law in several of the communities described in this book and has advocated for the kind of sentencing alternatives he describes. He taught sentencing at the Saskatchewan Bar Admission Course and has taught a course on Alternatives to Criminal Justice for the University of Regina. He currently lives in Yorkton, Saskatchewan, where he is a Provincial Court Judge. He is also the co-author with Kearney Healy of Tough on Kids: Rethinking Approaches to Youth Justice (Purich Publishing, 2003), which won a Saskatchewan Book Award for scholarly writing.

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