Source: (2001) Discussion Paper. New South Wales, Australia: Lawlink, Attorney General's Department of NSW. Downloaded 7 March 2005.

Circle sentencing or circle courts arose in Canada in the early 1992 out of a decision from the Supreme Court of the Yukon in the case of R v Moses. In that case the presiding judge, Judge Stuart, advocated a significant change in the Canadian sentencing process. Judge Stuart was of the opinion that a significant and immediate improvement could be achieved within the judicial system by increasing meaningful community involvement in the sentencing process, before during and after the sentencing takes place. In attempting to implement this Judge Stuart consulted the local Indian community and the concept of circle courts was developed. Circle courts were adopted by a number of more traditionally oriented first nations people in Canada, but have subsequently been adopted in Canadian urban settings and are also now used in the United States. (excerpt)


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