Thalia Anthony - Academia.edu (original) (raw)
Papers by Thalia Anthony
Journal of Prisoners on Prisons, Apr 3, 2022
is a First Nations woman born in Winnipeg, Manitoba. She is currently serving a life sentence. Sh... more is a First Nations woman born in Winnipeg, Manitoba. She is currently serving a life sentence. Sheri served approximately 17 years inside and has an incredible amount of lived experience under her belt. She has been free on full parole for over 10 years and is a great mother to a 9-year-old son. She is also a senior member of the Indigenous Support Workers Project (ISWP)-a grassroots organization based in Montré al, Qué bec. Sheri makes fried/baked bannock before her shifts and she shares this with her homeless Indigenous community members. ISWP provides street level assistance, mental health wellness through communication and acknowledgment. She is also newly employed with Canadian Associations of Elizabeth Fry Societies as their Advocacy Liaison and is continually working hard to move forward in her life in the best and most healthy way possible. Tracey McIntosh, MNZM, is Ngā i Tū hoe, mother and grandmother and a Professor of Indigenous Studies and Co-Head of Te Wā nanga o Waipapa (School of Mā ori Studies and Pacifi c Studies) at the University of Auckland. She was the former Co-Director of Ngā Pae o te Mā ramatanga New Zealand's Mā ori Centre of Research Excellence. Her recent research focused on incarceration (particularly of Mā ori and Indigenous peoples), along with issues pertaining to poverty, inequality and social justice. She recognizes the signifi cance of working with those that have lived experience of incarceration and marginalization, and acknowledges them as experts of their own condition. She has a strong interest in the interface between research and policy.
Cape York Institute senior policy adviser, Shireen Morris, told the ABC’s ‘Q&A’ program r... more Cape York Institute senior policy adviser, Shireen Morris, told the ABC’s ‘Q&A’ program recently that the incarceration rate of Indigenous people has doubled since the Royal Commission into Aboriginal Deaths in Custody twenty-five years ago. That statement is true, but gaps in the data suggest the problem may be even worse than the official statistics suggests
Criminal Justice and Behavior, Oct 21, 2022
Pre-sentence reports (PSRs) provide important information about an individual’s background and ci... more Pre-sentence reports (PSRs) provide important information about an individual’s background and circumstances to assist judicial officers in the sentencing process. The present study analyzed PSRs for 63 Aboriginal and Torres Strait Islander people sentenced by either an Indigenous sentencing court or a mainstream court in the Australian State of Victoria. Using natural language processing techniques, our analyses revealed few differences between PSRs conducted for each court. However, PSRs were found to predominantly feature key words that are risk-based, with mainstream court PSRs more negatively worded than the Indigenous sentencing court’s PSRs. This may have been due to the inclusion of results from a risk and need assessment tool. Pro-social factors did comprise more than one third of extracted keywords, although the number of strength-based culture-related keywords, in particular, was low across PSRs in both courts. It is possible that courts may not be receiving all the information needed to promote individualized justice.
![Research paper thumbnail of Indigenous crime and settler law: White sovereignty after empire [Book Review]](https://attachments.academia-assets.com/109485795/thumbnails/1.jpg)
](Alternative Law Journal, Mar 1, 2013
Adelaide Law Review, 2010
Routledge eBooks, Jun 22, 2023
We challenge the dominance, values and methods of imposed colonial systems, practices and beliefs... more We challenge the dominance, values and methods of imposed colonial systems, practices and beliefs. We also embrace self-determination. Aboriginal people, families and communities are experts of their own lives. We have solutions to challenges that we face and are our own agents for change. (Mundine, 2022, p. 27) This chapter has been made available under a CC-BY-NC-ND license.
Routledge eBooks, Aug 3, 2022
Palgrave Macmillan UK eBooks, 2019
Colonial relations are reproduced through the “universalisation” of the criminal justice system t... more Colonial relations are reproduced through the “universalisation” of the criminal justice system that excludes Indigenous rights, self-determination and sovereignty. Indigenous scholar Mark Rifkin (2009, 91) argues that Indigenous people exist in a state of exception that legitimates the state’s monopoly on sovereignty and its “exclusive uncontestable right to define what will count as a viable legal or political formulation”. In other words, universalism is normalised through the exception. The dialectic of universalism and exception are constantly at play in the application of penality to Indigenous people, the denial of Indigenous Laws and the suspension of protections for Indigenous lives. Through casting Indigenous peoples’ resistance as criminal, and thus an exception to the norm, the state conceals the illegal colonial land grab, denigrates Indigenous Laws as outside of the recognised judicial order (Stark 2016), and characterises Indigenous justice mechanisms as a sideline, even fanciful, “program”. This fulfils the state’s purpose of excluding Indigenous legality and entrenching the state’s universalist claims.
Journal of Prisoners on Prisons, Apr 3, 2022
is a mother, activist and academic who lives, works, and brings up her children on the unceded la... more is a mother, activist and academic who lives, works, and brings up her children on the unceded lands of the Eora Nation. She is proud of her Cypriot heritage and her long matrilineal and patrilineal lines of resisters to British and Turkish military occupation. She raises her children to act in solidarity with ongoing struggles against colonialism. Thalia is a Professor of Law at the University of Technology Sydney where she researches systemic colonial injustices against First Nations people and imagines a world where our unity prevails over the structures that divide us.
This chapter takes a lens to the chase in Australian settler state colonialism. It examines the s... more This chapter takes a lens to the chase in Australian settler state colonialism. It examines the structure and role of the chase in the performance and maintenance of the settler state through and over First Nations lives and bodies. The chase is a profoundly normative, yet flexible, narrative structure. Through representing a pursuit, the chase encodes notions of right, wrong, justice and injustice. In the Australian context, the chase tends to be quite rigid. Through an examination of filmic chases and actual chases witnessed through settler state legal, media and social media lenses, the chapter shows a racialized chase where incensed and angry agents of the settler state chase First Nations persons. Often the First Nations chasee is seeking to escape the imposed settler colonial order and its burdens and return to a place of cultural identity. Too often, the chase ends in the death of the First Nations young person, while the agents of the settler state endure.
Parity, Jun 1, 2019
As criminal law researchers, one of the most common complaints we hear from the community legal s... more As criminal law researchers, one of the most common complaints we hear from the community legal sector, and vulnerable individuals themselves, is that people experiencing homelessness continue to be disproportionately charged with minor criminal offences. When it comes to legal need, criminal law advice and representation is still one of the most important legal services we can offer to people who are homeless.
This book undertakes an exploratory exercise in decolonizing criminology through engaging postcol... more This book undertakes an exploratory exercise in decolonizing criminology through engaging postcolonial and postdisciplinary perspectives and methodologies
Introduction: Re-imagining the Indigenous criminal Chapter One: Introduction to Indigenous Repres... more Introduction: Re-imagining the Indigenous criminal Chapter One: Introduction to Indigenous Representations In Criminal Sentencing Chapter two: Historicisng Colonial and Postcolonial Indigenous Crime and Punishment Chapter three: Decolonizing Indineous Crime Statistics Chapter Four: Sentencing away culture and customary marriage Chapter Five: Traditional Punishment in the New Punitiveness Chapter Six: Sentencing anxieties over ' Degenerates, Drunks and Criminals' Chapter Seven: Sentencing Indigenous resisters as if the racism never occurred Conclusion/Epilogue: Transforming Indigenous Recongnition
Journal of Prisoners on Prisons, Apr 3, 2022
is a First Nations woman born in Winnipeg, Manitoba. She is currently serving a life sentence. Sh... more is a First Nations woman born in Winnipeg, Manitoba. She is currently serving a life sentence. Sheri served approximately 17 years inside and has an incredible amount of lived experience under her belt. She has been free on full parole for over 10 years and is a great mother to a 9-year-old son. She is also a senior member of the Indigenous Support Workers Project (ISWP)-a grassroots organization based in Montré al, Qué bec. Sheri makes fried/baked bannock before her shifts and she shares this with her homeless Indigenous community members. ISWP provides street level assistance, mental health wellness through communication and acknowledgment. She is also newly employed with Canadian Associations of Elizabeth Fry Societies as their Advocacy Liaison and is continually working hard to move forward in her life in the best and most healthy way possible. Tracey McIntosh, MNZM, is Ngā i Tū hoe, mother and grandmother and a Professor of Indigenous Studies and Co-Head of Te Wā nanga o Waipapa (School of Mā ori Studies and Pacifi c Studies) at the University of Auckland. She was the former Co-Director of Ngā Pae o te Mā ramatanga New Zealand's Mā ori Centre of Research Excellence. Her recent research focused on incarceration (particularly of Mā ori and Indigenous peoples), along with issues pertaining to poverty, inequality and social justice. She recognizes the signifi cance of working with those that have lived experience of incarceration and marginalization, and acknowledges them as experts of their own condition. She has a strong interest in the interface between research and policy.
Cape York Institute senior policy adviser, Shireen Morris, told the ABC’s ‘Q&A’ program r... more Cape York Institute senior policy adviser, Shireen Morris, told the ABC’s ‘Q&A’ program recently that the incarceration rate of Indigenous people has doubled since the Royal Commission into Aboriginal Deaths in Custody twenty-five years ago. That statement is true, but gaps in the data suggest the problem may be even worse than the official statistics suggests
Criminal Justice and Behavior, Oct 21, 2022
Pre-sentence reports (PSRs) provide important information about an individual’s background and ci... more Pre-sentence reports (PSRs) provide important information about an individual’s background and circumstances to assist judicial officers in the sentencing process. The present study analyzed PSRs for 63 Aboriginal and Torres Strait Islander people sentenced by either an Indigenous sentencing court or a mainstream court in the Australian State of Victoria. Using natural language processing techniques, our analyses revealed few differences between PSRs conducted for each court. However, PSRs were found to predominantly feature key words that are risk-based, with mainstream court PSRs more negatively worded than the Indigenous sentencing court’s PSRs. This may have been due to the inclusion of results from a risk and need assessment tool. Pro-social factors did comprise more than one third of extracted keywords, although the number of strength-based culture-related keywords, in particular, was low across PSRs in both courts. It is possible that courts may not be receiving all the information needed to promote individualized justice.
Alternative Law Journal, Mar 1, 2013
Adelaide Law Review, 2010
Routledge eBooks, Jun 22, 2023
We challenge the dominance, values and methods of imposed colonial systems, practices and beliefs... more We challenge the dominance, values and methods of imposed colonial systems, practices and beliefs. We also embrace self-determination. Aboriginal people, families and communities are experts of their own lives. We have solutions to challenges that we face and are our own agents for change. (Mundine, 2022, p. 27) This chapter has been made available under a CC-BY-NC-ND license.
Routledge eBooks, Aug 3, 2022
Palgrave Macmillan UK eBooks, 2019
Colonial relations are reproduced through the “universalisation” of the criminal justice system t... more Colonial relations are reproduced through the “universalisation” of the criminal justice system that excludes Indigenous rights, self-determination and sovereignty. Indigenous scholar Mark Rifkin (2009, 91) argues that Indigenous people exist in a state of exception that legitimates the state’s monopoly on sovereignty and its “exclusive uncontestable right to define what will count as a viable legal or political formulation”. In other words, universalism is normalised through the exception. The dialectic of universalism and exception are constantly at play in the application of penality to Indigenous people, the denial of Indigenous Laws and the suspension of protections for Indigenous lives. Through casting Indigenous peoples’ resistance as criminal, and thus an exception to the norm, the state conceals the illegal colonial land grab, denigrates Indigenous Laws as outside of the recognised judicial order (Stark 2016), and characterises Indigenous justice mechanisms as a sideline, even fanciful, “program”. This fulfils the state’s purpose of excluding Indigenous legality and entrenching the state’s universalist claims.
Journal of Prisoners on Prisons, Apr 3, 2022
is a mother, activist and academic who lives, works, and brings up her children on the unceded la... more is a mother, activist and academic who lives, works, and brings up her children on the unceded lands of the Eora Nation. She is proud of her Cypriot heritage and her long matrilineal and patrilineal lines of resisters to British and Turkish military occupation. She raises her children to act in solidarity with ongoing struggles against colonialism. Thalia is a Professor of Law at the University of Technology Sydney where she researches systemic colonial injustices against First Nations people and imagines a world where our unity prevails over the structures that divide us.
This chapter takes a lens to the chase in Australian settler state colonialism. It examines the s... more This chapter takes a lens to the chase in Australian settler state colonialism. It examines the structure and role of the chase in the performance and maintenance of the settler state through and over First Nations lives and bodies. The chase is a profoundly normative, yet flexible, narrative structure. Through representing a pursuit, the chase encodes notions of right, wrong, justice and injustice. In the Australian context, the chase tends to be quite rigid. Through an examination of filmic chases and actual chases witnessed through settler state legal, media and social media lenses, the chapter shows a racialized chase where incensed and angry agents of the settler state chase First Nations persons. Often the First Nations chasee is seeking to escape the imposed settler colonial order and its burdens and return to a place of cultural identity. Too often, the chase ends in the death of the First Nations young person, while the agents of the settler state endure.
Parity, Jun 1, 2019
As criminal law researchers, one of the most common complaints we hear from the community legal s... more As criminal law researchers, one of the most common complaints we hear from the community legal sector, and vulnerable individuals themselves, is that people experiencing homelessness continue to be disproportionately charged with minor criminal offences. When it comes to legal need, criminal law advice and representation is still one of the most important legal services we can offer to people who are homeless.
This book undertakes an exploratory exercise in decolonizing criminology through engaging postcol... more This book undertakes an exploratory exercise in decolonizing criminology through engaging postcolonial and postdisciplinary perspectives and methodologies
Introduction: Re-imagining the Indigenous criminal Chapter One: Introduction to Indigenous Repres... more Introduction: Re-imagining the Indigenous criminal Chapter One: Introduction to Indigenous Representations In Criminal Sentencing Chapter two: Historicisng Colonial and Postcolonial Indigenous Crime and Punishment Chapter three: Decolonizing Indineous Crime Statistics Chapter Four: Sentencing away culture and customary marriage Chapter Five: Traditional Punishment in the New Punitiveness Chapter Six: Sentencing anxieties over ' Degenerates, Drunks and Criminals' Chapter Seven: Sentencing Indigenous resisters as if the racism never occurred Conclusion/Epilogue: Transforming Indigenous Recongnition
The Royal Commission into the Detention and Protection of Children in the Northern Territory (201... more The Royal Commission into the Detention and Protection of Children in the Northern Territory (2016-17) was set up by the Australian Government following a national television broadcast of guards inflicting tear gas, physical attacks, mechanical restraint chairs, hooding and indefinite segregation on First Nations children. Through an examination of the Royal Commission's establishment, proceedings and outcomes, this article identifies how First Nations people were not afforded justice. Legal positivism tainted public hearings through adversarial proceedings and the cross-examination of First Nations young people by a hostile NT Government. First Nations witnesses were examined in court houses and convention centres according to predetermined questions. A wide berth was given to guards and managers to justify violence in youth detention. Lines of inquiry were directed to reforming, rather than transforming, youth justice and state-centred approaches. In implementing the recommendations, the NT Government failed to listen to the calls of First Nations witnesses for self-determination and decarceration. Consequently, violence in youth detention has continued unabated since the Royal Commission. This study has international significance and broad lessons for inquiries directed to First Nations justice. It demonstrates how positivist frameworks undermine truth-telling processes and fail to promote structural change.