NCJ Number
168150
Date Published
1996
Length
18 pages
Annotation
This chapter discusses the importance of considering the cultural mores and values of Aboriginal defendants in tailoring their sentences to their concepts of behavioral control and rehabilitation.
Abstract
Sentencing is a complex process that requires close scrutiny of each defendant and of the context from which he/she came and to which he/she will return. It should not consist of the rote recitation of certain formulae and the selection of a standardized response that shows systematic conformity. Instead, sentencing borders on an art, wherein the ultimate sentence reflects the court's selection of the particular instrument best suited to the attainment of valued goals. When Native defendants and Native communities are involved in sentencing, different instruments may be better suited to the attainment of these goals than the customary instruments. The sentencing selection process in such circumstances demands close attention to sentencing goals and the cultural reality of each individual and his/her community. This requires that the sentencers attempt to discard their own cultural conditioning and enter into the cultural values and mores of the defendant and the Native community. Sentencers should be alert to the possibility that unique family and community contexts may provide opportunities for attaining the goals of sentencing that are not present in kind or degree in non-Native communities. Such a sentencing philosophy requires that the majority culture accept sentencing diversity, although sentencing goals will remain the same for both Native and non- Native defendants.