Mark Finnane and Fiona Paisley, “Police Violence and the Limits of Law on a Late Colonial Frontier”, Law and History Review 28, 2010.

ABSTRACT:

The dependence of colonization on police was a core feature both of settler colonies and of colonial dependencies, from the middle of the nineteenth century to the post–World War I decline of the British Empire. During this long century the functions and structures of colonial police were many and varied. We now know a good deal of their history and of their contribution to Empire. Much remains to be told of the slow processes of policing reform and especially of the politics of key events that shaped—and impeded—emerging models of accountability. In that process we see the influence of key episodes in which singular events are escalated into major political conflicts, of national and international dimension. In this article we examine one such event, the death in 1933 of an Aboriginal woman in the Gulf Country of Australia’s Northern Territory, and the subsequent prosecution of a policeman over her death. Such a rare event as prosecution of police for violence against indigenous people demands contextual explanation as well as estimation of the limits on legal accountability for such actions.