Chris Cunneen’s ‘Colonial Processes, Indigenous Peoples, and Criminal Justice Systems’ is available on SSRN:
This chapter considers the interaction between colonial processes, Indigenous peoples and criminal justice systems. The commonalities in the experiences of Indigenous peoples in white settler societies (Australia, Canada, New Zealand and the US) provide the focus for an exploration of the implications of the colonial process for understanding Indigenous contact with western criminal justice systems across a number of domains. A fundamental point derived from this exploration is that the politics and outcomes of colonization are not simply of historical interest. Rather, the contemporary relationship between Indigenous people and crime, punishment, and justice is structured by these longer term relationships.
The chapter will appear in the forthcoming M Tonry and S Bucerius (eds), The Oxford Handbook of Ethnicity, Crime, and Immigration.