Are Domestic Violence Courts working for indigenous peoples?

Abstract

It is well established that the disproportionate imprisonment rates for indigenous peoples surpass that of non‐indigenous peoples. What is troubling is the alarming statistic that indicates that the rate of apprehension, prosecution and recidivism of indigenous women surpasses that of not only non‐indigenous peoples but also male indigenous peoples. This article proposes a court setting for domestic violence that incorporates therapeutic jurisprudence as an appropriate vehicle for the recognition of an indigenous law system as the answer to this problem. The model proposed comprises two components; a specialized Domestic Violence Court underpinned by the doctrine of therapeutic jurisprudence and the implementation of an indigenous legal system such as tikanga Maori.