Abstract
This article examines the hidden history of criminal justice in late colonial Australia by focussing on Aboriginal inter se offending. Most Aboriginal defendants appearing in late colonial criminal courts were prosecuted for violent crimes against other Aboriginal people. The article explores how common such cases were and the degree to which the acknowledgment of cultural difference affected justice process and outcomes. The frequent invocation of ‘custom’ commonly led juries to recommend the mercy of the Crown to those Aboriginal defendants found guilty of committing a homicide. I argue that ‘custom’ was increasingly used by settler judicial processes as a shorthand way of explaining what was otherwise seen as unexplainable. In the twentieth century ‘custom’ would receive greater attention through the development of jurisprudence and policy around the idea of customary law.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.