Just deserts in a post-colonial society : problems in the punishment of indigenous offenders

An enduring aspect of the operation of the criminal justice system in Australia has been the disproportionate representation of indigenous persons. Under current sentencing principles, aboriginality can be taken into account as a factor in mitigation because of the nature of social and economic disadvantage suffered by indigenous communities. It is contended that such an approach is inadequate as it fails to comprehend the reasons for that disadvantage. In short, the effects of colonialism and dispossession. An account of punishment will be developed that colonialism and dispossession cannot be omitted from any satisfactory account of the theory and history of punishment of indigenous persons. By relying on the notion of ‘just deserts’ an account of punishment will be proposed that extends the categories currently put forward to justify punishing indigenous persons. Traditional, philosophical accounts of punishment and insights from critical race theory will both be used in an attempt to articulate what ‘just deserts’ means in the context of a post-colonial society.

Your genre is black : indigenous performing arts and policy

In February 2008, Prime Minister Kevin Rudd apologised to the Stolen Generations on behalf of the Australian people. Now what? In this Platform Paper, mid-career Indigenous performing artists think about their post-apology future. Indigenous theatre blossomed in the 1990s when it was grasped as a means to expose social issues and advance the goals of Reconciliation. Now that generation of artists questions these motives. For some, history and community are central; others are impatient with 'your genre is black' and demand the professional respect they have earned. "Indigenous artists", says director Wesley Enoch, "have been asked for decades to work at their slowest, to bring everyone along with them. It's the equivalent of asking Cathy Freeman to run slowly, so that everyone can keep up with her." Glow and Johanson provide a forum for practitioners like Rachel Maza-Long, David Milroy, Stephen Page and Rhoda Roberts. Together they call for an end to second-best; and for measures that respond with post-apology confidence to the vision and inspiration that, in the opinion of the Australia Council, "remain at the heart of Australia's culture" .