Promoting Aboriginal Women’s Human Rights – Understanding When not to Prosecute Aboriginal Women
Legal assessments required by the law of self-defence cannot be made in the absence of an accurate understanding of the violence a person faced before they used force. This article shows how prosecutors are making errors in their decisions to prosecute Aboriginal women who have killed an abusive par...
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| Main Authors: | , , |
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| Format: | Article |
| Language: | English |
| Published: |
Queensland University of Technology
2024-12-01
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| Series: | International Journal for Crime, Justice and Social Democracy |
| Subjects: | |
| Online Access: | https://www.crimejusticejournal.com/article/view/3529 |
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| _version_ | 1846141999010283520 |
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| author | Stella Tarrant Hannah McGlade Carol Bahemia |
| author_facet | Stella Tarrant Hannah McGlade Carol Bahemia |
| author_sort | Stella Tarrant |
| collection | DOAJ |
| description | Legal assessments required by the law of self-defence cannot be made in the absence of an accurate understanding of the violence a person faced before they used force. This article shows how prosecutors are making errors in their decisions to prosecute Aboriginal women who have killed an abusive partner, due to inaccurate understandings of the violence faced by defendants in these circumstances. We argue this error is a fundamental error of law, not one of fact and discretionary authority. It amounts to prosecutors making decisions to prosecute Aboriginal women (and accept guilty pleas) in the absence of a prima facie case. We argue that such decisions by prosecutors can be challenged via an application for stay of proceedings for abuse of process or a ‘no case’ submission. |
| format | Article |
| id | doaj-art-b8ec4458fc0a4bc18aab366cf36f23a1 |
| institution | Kabale University |
| issn | 2202-7998 2202-8005 |
| language | English |
| publishDate | 2024-12-01 |
| publisher | Queensland University of Technology |
| record_format | Article |
| series | International Journal for Crime, Justice and Social Democracy |
| spelling | doaj-art-b8ec4458fc0a4bc18aab366cf36f23a12024-12-03T22:30:30ZengQueensland University of TechnologyInternational Journal for Crime, Justice and Social Democracy2202-79982202-80052024-12-01134284310.5204/ijcjsd.35293852Promoting Aboriginal Women’s Human Rights – Understanding When not to Prosecute Aboriginal WomenStella Tarrant0https://orcid.org/0000-0003-0882-9174Hannah McGlade1Carol Bahemia2The University of Western AustraliaCurtin UniversityLegal PracticeLegal assessments required by the law of self-defence cannot be made in the absence of an accurate understanding of the violence a person faced before they used force. This article shows how prosecutors are making errors in their decisions to prosecute Aboriginal women who have killed an abusive partner, due to inaccurate understandings of the violence faced by defendants in these circumstances. We argue this error is a fundamental error of law, not one of fact and discretionary authority. It amounts to prosecutors making decisions to prosecute Aboriginal women (and accept guilty pleas) in the absence of a prima facie case. We argue that such decisions by prosecutors can be challenged via an application for stay of proceedings for abuse of process or a ‘no case’ submission.https://www.crimejusticejournal.com/article/view/3529indigenous women self-defenceabuse of processno case submissionhomicidesocial and systemic entrapment |
| spellingShingle | Stella Tarrant Hannah McGlade Carol Bahemia Promoting Aboriginal Women’s Human Rights – Understanding When not to Prosecute Aboriginal Women International Journal for Crime, Justice and Social Democracy indigenous women self-defence abuse of process no case submission homicide social and systemic entrapment |
| title | Promoting Aboriginal Women’s Human Rights – Understanding When not to Prosecute Aboriginal Women |
| title_full | Promoting Aboriginal Women’s Human Rights – Understanding When not to Prosecute Aboriginal Women |
| title_fullStr | Promoting Aboriginal Women’s Human Rights – Understanding When not to Prosecute Aboriginal Women |
| title_full_unstemmed | Promoting Aboriginal Women’s Human Rights – Understanding When not to Prosecute Aboriginal Women |
| title_short | Promoting Aboriginal Women’s Human Rights – Understanding When not to Prosecute Aboriginal Women |
| title_sort | promoting aboriginal women s human rights understanding when not to prosecute aboriginal women |
| topic | indigenous women self-defence abuse of process no case submission homicide social and systemic entrapment |
| url | https://www.crimejusticejournal.com/article/view/3529 |
| work_keys_str_mv | AT stellatarrant promotingaboriginalwomenshumanrightsunderstandingwhennottoprosecuteaboriginalwomen AT hannahmcglade promotingaboriginalwomenshumanrightsunderstandingwhennottoprosecuteaboriginalwomen AT carolbahemia promotingaboriginalwomenshumanrightsunderstandingwhennottoprosecuteaboriginalwomen |