Colonialism and Criminal Justice for Indigenous Peoples in Australia, Canada, New Zealand and the United States of America

Abstract

Colonial processes impact the involvement of Indigenous Peoples in criminal justice. Despite differences, there is a distinctive pattern that can be seen in the criminal justice systems of the above-given four countries. Indigenous People are over-represented as offenders and victims. This overrepresentation has been caused by colonial processes marginalizing Indigenous Peoples. These processes include depopulation, legal control, the use of ideology through religion, education, media, urbanization, and paternalism. Governments have avoided addressing marginalization by focusing on the indigenization of criminal justice services. Dominant governments must take into account historical processes when developing policies and making decisions about Indigenous Peoples, or their efforts to end over-representation will be doomed to continuing failure.