Should The Court System Accommodate Australia's Criminal Justice System?

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Australia’s criminal justice system has begun to accommodate Aboriginal law through the courts. With judges and magistrates taking Indigenous law into consideration when sentencing offenders, the state of mind of offenders and even when deciding on bail (Ginbi, 1994; ALRC, 1986; Bartholomew, 1998). This response is viewed as a delayed action from the recommendations made in the Royal Commission into Aboriginal Deaths in Custody 1991. (Harris, 2004). Court cases involving Ingenious people find judges and magistrates respecting Aboriginal law by not speaking a deceased person’s name (Debelle, 2008). Another way the court system is accommodating Aboriginal law is through justice models such as family group conferencing and sentencing circles