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Aboriginal Tribal Punishment (Read 3048 times)
Acid Monkey
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Aboriginal Tribal Punishment
Jul 29th, 2008 at 5:13pm
 
Aborginal tribal punishment.

On Friday 25th July, indigenous man Mark Hogan was sentenced in the Kalgoorlie District Court. Mark Hogan is a traditional Aboriginal man, from the Ngaanyatjarra and Blackstone Aboriginal communities on the Western Australian, NT and South Australian borders. It is a very traditional, isolated Aboriginal communities in the Central Australian area. He was driving on an unmade road from Kalgoorlie to a remote community for sorry business following the funeral of another close relative in Kalgoorlie. He was driving at high speed, had been drinking, and was driving whilst disqualified. He crashed his vehicle causing death a close relative who was a passenger in his car. He pleaded guilty to charges and was given a reduced sentence on account that after serving formal punishment (16 months jail) he will also suffere tribal punishment by spearing.

Mark Hogan would be speared several times by members of the family of the deceased and perhaps other community members for the wrongdoing that he'd committed by driving the car and the person being killed. The spearing would take place in a public part of the community, that all of the community would be able to attend and witness it. It is an act of reconciliation, if you like, between Mark Hogan and the members of the family of the deceased and the wider community in order to heal the rift that had been created by virtue of him killing this fellow in the car accident.

Another incident of tribal punishment:

A young woman from a traditional and remote community killed a very violent boyfriend. She was subjected to traditional punishment by her community, notwithstanding the fact it was quite widely recognised within her community that the partner had been very violent and in one way or another she was morally justified in reacting in the way that she did in the circumstances which led to the death. But she'd been punished anyway. She was actually released on bail by a Western Australian judge in the Children's Court, and one of the reasons for her being released on bail was in order for her to be traditionally punished by her community. She was taken to the law grounds at her community, and was struck repeatedly with objects called nulla-nullas, big pieces of wood, about the upper body; some blows connected with her head which led to her hospitalisation. When she had recovered her formal trial began.

The Law Courts and legal system has made it very clear each time the issue of tribal punishment arises that it was not condorn such mob incited public punishment, and yet has taken that such accorance can and will occur in such that when formal sentencing and/or legal procedings reflect these punishment.

For example, in the case of Mark Hogan he was given a reduced sentence to avoid double punishment because it was known that he will be tribally punished.

In the case of the woman, bail was granted so that tribal punishment would be carried out.

I heard these stories on Radio National - The Law Report which made me think about other traditional or tribal puinishment such as stoning. And also, the possibly of secular law tacitly approving such punishments. Any thoughts?

Source: http://www.abc.net.au/rn/lawreport/stories/2008/2317345.htm
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freediver
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Re: Aboriginal Tribal Punishment
Reply #1 - Jul 29th, 2008 at 5:54pm
 
It is fairly standard for the courts to take into account if a person has already been punished directly or indirectly for their crime in determining punishment. The problem is that the people meting this punishment are not reigned in. If someone accidentally kills that bloke with a spear, they should go to jail, along with anyone acting as an accessory.
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abu_rashid
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Re: Aboriginal Tribal Punishment
Reply #2 - Jul 31st, 2008 at 8:12am
 
That's funny freediver I thought when you come to someone elses country it's part of your culture to respect the existing culture/laws/customs. Or does that only apply to those coming after you?
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Re: Aboriginal Tribal Punishment
Reply #3 - Jul 31st, 2008 at 2:28pm
 
Abu, nothing is beyond criticism. There are no taboos.
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Acid Monkey
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Re: Aboriginal Tribal Punishment
Reply #4 - Jul 31st, 2008 at 2:44pm
 
freediver wrote on Jul 29th, 2008 at 5:54pm:
It is fairly standard for the courts to take into account if a person has already been punished directly or indirectly for their crime in determining punishment. The problem is that the people meting this punishment are not reigned in. If someone accidentally kills that bloke with a spear, they should go to jail, along with anyone acting as an accessory.


What about the person with the spear being charge with assault with a deadly weapon or causing grievious bodily harm? Or are they exempted because the assault or harm caused was perpetrated in the course of metting out tribal punishment?
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Acid Monkey
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Re: Aboriginal Tribal Punishment
Reply #5 - Jul 31st, 2008 at 2:48pm
 
Actually, I remember watching a movie where there was a tribal punishment scene. I can't remember which movie it was. It could have been The Tracker. I believe it had David Gulpilil in it.
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Re: Aboriginal Tribal Punishment
Reply #6 - Jul 31st, 2008 at 2:52pm
 
What about the person with the spear being charge with assault with a deadly weapon or causing grievious bodily harm?

That would be a good way to stamp out the practice. But you'd have to find a willing witness first. That is why this sort of thing only happens in remote communities. Think of it as the last 'little' patch of wild frontier.
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Acid Monkey
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Re: Aboriginal Tribal Punishment
Reply #7 - Jul 31st, 2008 at 3:05pm
 
Actually, also noted in the RN radio program that on many occasions police were in attendance to ensure that the mob don't go too far (ie: killing the subject) and to immediately apprehend the subject to prevent escape after the punishment.

That could be viewed as tacit approval.
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freediver
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Re: Aboriginal Tribal Punishment
Reply #8 - Jul 31st, 2008 at 3:25pm
 
Yes, it can be difficult to distinguish tacit approval from harm minimisation.
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Malik Shakur
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Re: Aboriginal Tribal Punishment
Reply #9 - Aug 1st, 2008 at 9:41pm
 
abu_rashid wrote on Jul 31st, 2008 at 8:12am:
That's funny freediver I thought when you come to someone elses country it's part of your culture to respect the existing culture/laws/customs. Or does that only apply to those coming after you?

How silly of you to forget Abu!

That rule doesn't apply to White people who are occupying someone elses land after having invaded it.. They can do whatever they want.. They didn't even consider the indigenous Australians human until 1962 (1965 in QLD).


It only applies to non European people who came to this country AFTER the White man stole it and committed genocide on it's inhabitants.

Please remember next time!
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locutius
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Re: Aboriginal Tribal Punishment
Reply #10 - Aug 4th, 2008 at 11:15am
 
freediver wrote on Jul 31st, 2008 at 2:28pm:
Abu, nothing is beyond criticism. There are no taboos.


I agree, sacred cows make the best burgers!

Malik, the fact that these tribal punisments have been allowed has demonstrated that some of the facts of your diatribe have been accected for this original culture (assuming that it did not disposses another earlier group). Remember that has happened through out history, across multiple cultures and races. White man being only one of the most recent and prolific, historically.

It is a complex issue, this tribal law business, and would only accept it conditionally. Partly because many of these individuals have such a strong need/desire to return to their communities and could only do so as citizens of that community, if they have submitted to the punishment. To be outcast, to them would be a greater punishment. Other than this aboriginal culture, all other citizens, residents and visitors of this country need to accept and adhere to a standardized set of laws and punishments. Until at least, we are we are in turn, invaded and conquered ourselves.

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Re: Aboriginal Tribal Punishment
Reply #11 - Aug 4th, 2008 at 12:43pm
 
Welcome to OzPolitic Locutius.
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locutius
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Re: Aboriginal Tribal Punishment
Reply #12 - Aug 4th, 2008 at 2:20pm
 
Thanks freediver. I am enjoying the forum immensly. I will try to be a coherent as possible.

cheers
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Acid Monkey
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Re: Aboriginal Tribal Punishment
Reply #13 - Aug 4th, 2008 at 11:33pm
 
Thus spake locutius.

Welcome. I like your name - did you choose it in honour of Auis Locutius or the Borg? Lol.

Wink
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locutius
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Re: Aboriginal Tribal Punishment
Reply #14 - Aug 5th, 2008 at 12:03am
 
Smiley Being a star trek fan, I must admit to it coming from there. But the name sounded latin and I suspected had some type symbology to it. I thought the name and the reference was pretty cool. Cool

Cheers Acid
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