Published On Oct 9, 2024
Judges should be “trauma-informed” when dealing with Indigenous defendants and consider the “pervasive intergenerational effects of settler-colonialism” when presiding over them in court, a new 200-page guidebook endorsed by the country’s peak judicial body says.
In a clear indication of changing attitudes to how justice should best be achieved, the manual also includes a lengthy section encouraging judges working in specialist courts to consider aspects of the Islamic faith that offer “clear moral and ethical guidelines” when ruling on cases that involve Muslim defendants.
The manual, commissioned by the NSW judicial watchdog and endorsed by the Australasian Institute of Judicial Administration, explores the idea of “therapeutic jurisprudence” – which is a new approach to legal research with the goal of reforming the law so that it has a positive impact on the wellbeing of defendants.
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