Abstract
Aboriginal youth with Foetal Alcohol Spectrum Disorder (FASD) are overrepresented in the justice system. FASD results from prenatal alcohol exposure, and may lead to cognitive, social and behavioural difficulties that increase susceptibility to contact with the justice system. This paper explores the potential contribution of restorative justice in creating diversionary options for Aboriginal youth with FASD, and related cognitive impairments, to prevent enmeshment in the justice system. The lesson from work in Australia and New Zealand is that restorative justice and Indigenous justice are different, but not irreconcilable, projects. We suggest that there is the potential for creating rich intercultural engagement spaces ‘in between’ restorative practices and Indigenous processes: provided that restorative justice–as an essentially Eurocentric paradigm of the Global North–does not attempt to colonise Indigenous justice. An appropriate model would have Aboriginal people engaged in the planning and management of diversionary options, with greater focus on diversion into place-based, Aboriginal owned and managed services. Restorative justice needs to engage with the historical demands of Indigenous peoples for their land and their way of life; though constantly imperilled by forces of neo-liberalism and colonialism, Indigenous peoples remain resilient and provide a vision of an alternative to Euro-modernity.
| Original language | English |
|---|---|
| Pages (from-to) | 105-121 |
| Number of pages | 17 |
| Journal | Contemporary Justice Review: Issues in Criminal, Social, and Restorative Justice |
| Volume | 22 |
| Issue number | 2 |
| Early online date | 5 May 2019 |
| DOIs | |
| Publication status | Published - 2019 |
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Aboriginal youth with foetal alcohol spectrum disorder and enmeshment in the Australian justice system : can an intercultural form of restorative justice make a difference? / Blagg, Harry; Tulich, Tamara; May, Suzie.
In: Contemporary Justice Review: Issues in Criminal, Social, and Restorative Justice, Vol. 22, No. 2, 2019, p. 105-121.Research output: Contribution to journal › Article
TY - JOUR
T1 - Aboriginal youth with foetal alcohol spectrum disorder and enmeshment in the Australian justice system
T2 - can an intercultural form of restorative justice make a difference?
AU - Blagg, Harry
AU - Tulich, Tamara
AU - May, Suzie
PY - 2019
Y1 - 2019
N2 - Aboriginal youth with Foetal Alcohol Spectrum Disorder (FASD) are overrepresented in the justice system. FASD results from prenatal alcohol exposure, and may lead to cognitive, social and behavioural difficulties that increase susceptibility to contact with the justice system. This paper explores the potential contribution of restorative justice in creating diversionary options for Aboriginal youth with FASD, and related cognitive impairments, to prevent enmeshment in the justice system. The lesson from work in Australia and New Zealand is that restorative justice and Indigenous justice are different, but not irreconcilable, projects. We suggest that there is the potential for creating rich intercultural engagement spaces ‘in between’ restorative practices and Indigenous processes: provided that restorative justice–as an essentially Eurocentric paradigm of the Global North–does not attempt to colonise Indigenous justice. An appropriate model would have Aboriginal people engaged in the planning and management of diversionary options, with greater focus on diversion into place-based, Aboriginal owned and managed services. Restorative justice needs to engage with the historical demands of Indigenous peoples for their land and their way of life; though constantly imperilled by forces of neo-liberalism and colonialism, Indigenous peoples remain resilient and provide a vision of an alternative to Euro-modernity.
AB - Aboriginal youth with Foetal Alcohol Spectrum Disorder (FASD) are overrepresented in the justice system. FASD results from prenatal alcohol exposure, and may lead to cognitive, social and behavioural difficulties that increase susceptibility to contact with the justice system. This paper explores the potential contribution of restorative justice in creating diversionary options for Aboriginal youth with FASD, and related cognitive impairments, to prevent enmeshment in the justice system. The lesson from work in Australia and New Zealand is that restorative justice and Indigenous justice are different, but not irreconcilable, projects. We suggest that there is the potential for creating rich intercultural engagement spaces ‘in between’ restorative practices and Indigenous processes: provided that restorative justice–as an essentially Eurocentric paradigm of the Global North–does not attempt to colonise Indigenous justice. An appropriate model would have Aboriginal people engaged in the planning and management of diversionary options, with greater focus on diversion into place-based, Aboriginal owned and managed services. Restorative justice needs to engage with the historical demands of Indigenous peoples for their land and their way of life; though constantly imperilled by forces of neo-liberalism and colonialism, Indigenous peoples remain resilient and provide a vision of an alternative to Euro-modernity.
KW - Foetal alcohol spectrum disorder (FASD)
KW - indigenous justice
KW - intercultural engagement spaces
KW - restorative justice
UR - http://www.scopus.com/inward/record.url?scp=85065296325&partnerID=8YFLogxK
U2 - 10.1080/10282580.2019.1612246
DO - 10.1080/10282580.2019.1612246
M3 - Article
VL - 22
SP - 105
EP - 121
JO - Contemporary Justice Review: issues in criminal, social and restorative justice
JF - Contemporary Justice Review: issues in criminal, social and restorative justice
SN - 1028-2580
IS - 2
ER -