| 词条 | Aboriginal Witnesses Act |
| 释义 |
The Aboriginal Witnesses Act was a series ordinances and amendments enacted by lieutenant Governor George Grey, Governor of South Australia during the South Australian colonial period. The act was established "To facilitate the admission of the unsworn testimony of Aboriginal inhabitants of South Australia and parts adjacent". HistoryThe lieutenant Governor George Grey was responsible for the act, and later lieutenant Governor Frederick Robe was responsible for the acts amendments.[1] While its stated aim was to make provisions for unsworn testimony by "uncivilised people" to be admissible in court, the act made it possible for a judge to dismiss the testimony of an "uncivilised person or persons" as insufficient unless corroborated by other evidence - that the court could not base the conviction of a White man on the testimony of an Aboriginal witness alone.[2][3] Although it was a progressive law for the time, the act decreed that the credibility of the evidence be left to the discretion of "the justice of the court, or jury under direction of the judge". The act also made Aboriginal testimony inadmissible in trials that carried the penalty of death.[1] Effectively, the act created a situation where settler solidarity and the law of evidence ensured that the murder and massacre of Aboriginal Australians by European colonisers could not be tried solely on the evidence of Aboriginal witnesses.[4][5] Possibly in response to the, Avenue Range Station massacre, where three Tanganekald women, two teenage girls, three infants, and an "old man blind and infirm" were murdered by Australian mass murderer and pastoralist James Brown, the Aboriginal Witnesses Act of 1848 was amended in July 1849 to allow a person to be convicted on the sole testimony of an Aboriginal person, though this rarely occurred.[6][1] The act remained in force until 1929.[7] See also
References1. ^1 2 The acts*{{cite web |title=Aborigines' Evidence Act (No 8 of 7 and 8 Vic, 1844) |url=http://classic.austlii.edu.au/au/legis/sa/num_act/aea8o7a8v1844262/ |website=South Australia Numbered Acts |publisher=South Australian Government |accessdate=24 February 2019}}*{{cite web |title=Aborigine's Evidence Act (No 5 of 10 Vic, 1846) |url=http://classic.austlii.edu.au/au/legis/sa/num_act/aea5o10v1846246/ |website=South Australia Numbered Acts |publisher=South Australian Government |accessdate=24 February 2019}}*{{cite web |title=Aboriginal Witnesses Act (No 3 of 11 and 12 Vic, 1848) |url=http://classic.austlii.edu.au/au/legis/sa/num_act/awa3o11a12v1848316/ |website=South Australia Numbered Acts |publisher=South Australian Government |accessdate=24 February 2019}}*{{cite web |title=Aboriginal Witnesses Act (No 4 of 12 and 13 Vic, 1849) |url=http://classic.austlii.edu.au/au/legis/sa/num_act/awa4o12a13v1849316/ |website=South Australia Numbered Acts |publisher=South Australian Government |accessdate=24 February 2019}} {{Aboriginal Australians}}{{Campaignbox Australian frontier wars}}{{Aboriginal South Australians}}2. ^{{cite book |last1=Foster |first1=Robert |last2=Hosking |first2=Rick |last3=Nettelbeck |first3=Amanda |title=Fatal Collisions : the South Australian frontier and the violence of memory. |date=2000 |publisher=Wakefield Press |location=Kent Town, South Australia |isbn=9781862545335 |pages=79-80 |edition=first}} 3. ^{{cite book |last1=Foster |first1=Robert |last2=Nettelbeck |first2=Amanda |title=Out of the Silence - The history and memory of South Australia's frontier wars |date=2012 |publisher=Wakefield Press |location=Kent Town, South Australia |isbn=9781743051726 |pages=70-81 |edition=first}} 4. ^{{cite book |last1=Foster |first1=Robert |last2=Hosking |first2=Rick |last3=Nettelbeck |first3=Amanda |title=Fatal Collisions : the South Australian frontier and the violence of memory. |date=2000 |publisher=Wakefield Press |location=Kent Town, South Australia |isbn=9781862545335 |pages=79-80 |edition=first }} 5. ^{{cite book |last1=Foster |first1=Robert |last2=Nettelbeck |first2=Amanda |title=Out of the Silence - The history and memory of South Australia's frontier wars |date=2012 |publisher=Wakefield Press |location=Kent Town, South Australia |isbn=9781743051726 |pages=161-162 |edition=first }} 6. ^{{cite book |last1=Foster |first1=Robert |last2=Nettelbeck |first2=Amanda |title= Out of the Silence - The history and memory of South Australia's frontier wars |date=2012 |publisher=Wakefield Press |location=Kent Town, South Australia |isbn=9781743051726 |pages=161-162 |edition=first }} 7. ^{{cite book |last1=Peter Vallee |first1=Peter |title=God, Guns and Government on the Central Australian Frontier |date=2006 |publisher=Restoration |isbn=0977531201|pages=77-78 |edition=first |url=https://books.google.com.au/books/about/God_Guns_and_Government_on_the_Central_A.html?id=ShXFL0pBkrQC&source=kp_book_description&redir_esc=y |accessdate=24 February 2019}} 13 : 1844 in Australia|1844 in law|1844 in British law|19th century in South Australia|Aborigines in South Australia|Australian frontier wars|History of Indigenous Australians|History of South Australia|Legislation concerning indigenous peoples|Massacres of Indigenous Australians|Public policy in Australia|Settlers of South Australia|South Australia |
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