Differences between formal and circle courts

What does the room look like?

• Formal court- cold and impersonal
• Circle court- Aboriginal artwork and flags

Who attends?

• Formal court- justice system professionals
• Circle court- elders, magistrate, police, community members (sometimes family members)

What decides the sentence?

• Formal court- legal principals and precedents
• Circle court- offenders situation, victims comments

Who talks most?

• Formal court- lawyers
• Circle court- those directly or indirectly affected by the crime

What are the results?

• Formal court- convictions and crimal records, jail time
• Circle court- convictions and criminal records, community work
  

Circle Sentencing is not for everyone

Sentencing circles require a significant commitment from those community members who participate in the circle. To maximize the benefit of each circle sentencing process communities should only invite offenders who demonstrate high levels of motivation and commitment to the process.

The offender must normally enter a guilty plea early in the proceedings indicating a full acceptance of responsibility for the offence.

Circle sentencing is not an easy way out for offenders. Punishments tend to fall in the middle-to-heavy end of penalties.

What is circle sentencing?

Aboriginal People are overrepresented in Australian jails. In 2006 (and still in 2008) 80% of the Northern Territory prison population was Indigenous. In addition, Aboriginal people in custody are often dying from treatable diseases like diabetes and heart disease.

A scheme which is called “Circle Sentencing” in NSW, tries to avoid gaol time for Aboriginal offenders. The term 'circle sentencing' stems from a circle of representatives sitting together and trying to decide a sentence that does not include a jail term.

Representatives are mainly Aboriginal Elders, but also members of the prosecution or police and a magistrate. The circle will also talk about the background and effects of the offence and can involve meeting the victim. The sentence should, where possible, involve community work.

Circle sentencing is an idea, which in 2002 spread to Australia from northern Canada where the procedure was resurrected in 1991 from traditional sanctioning and healing practices.

http://www.creativespirits.info/aboriginalculture/law/circle-sentencing.html

My Final Idea

I have finally decided what topic I am choosing for my WISE project!! I am going to do a painting and a small information report on Circle Sentencing. After research and discussion I chose this topic as I found most people knew about The Stolen Generation and had never heard of Circle Sentencing. My goal for this project is to make awareness of this relatively knew way of sentencing Aborigines.

My Ideas 2

I have narrowed down my ideas on my WISE project which are now:

• A painting and a small information report on The Stolen Generation
• A painting and a small information report on Circle Sentencing

I have narrowed my ideas down to the two above and the reason I chose these two as I love art and painting. Another reason I chose this is that I am interested in learning about Aboriginal people and their traditions and customs.

My Initial Ideas

I have been thinking about ideas for my WISE project and I have come up with a few ideas:

• A painting and a small report on the stolen generation
• A painting and a small report on circle sentencing
• A website on RSPCA
• A website on endangered species
• A website on cyberbullying

I will have to look through these ideas and see what other people are doing because I don't want to choose a topic that many people are doing. I will investigate and ask people what they are doing and narrow my choices down on my next post!