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6.28.11 Peacemaking Webinar Presentation.pdf - Tribal Youth ...

IntroductionsModerator:Ethleen Iron Cloud-Two DogsSpecial AdvisorTribal Juvenile DetentionReentry Resource CenterTechnical Assistance SpecialistTribal Youth Program Trainingand Technical Assistance Center

IntroductionsPresenter:The Honorable Kevin BriscoeSenior Youth Court Judge,Mississippi Band of Choctaw

IntroductionsPresenter:The Honorable Donna DensonSenior Peacemaker Judge,Mississippi Band of Choctaw

Learning Objectives1. What is the definition of traditionalpeacemaking?2. How can traditional peacemaking beestablished in the tribal court system?3. Can traditional peacemaking be establishedin the community without a court system?4. What are some key factors in the traditionalpeacemaking process?

Traditional Peacemaking Key Features Making Amends Consensus Addressing conflicts and disputes without conventionalcourt sanctions Respect Community and families taking responsibility forensuring peace amongst its’ members Collaboration Many times rooted in tribal custom law which is oftennot written down anywhere but passed from generationto generation

Mississippi Band of ChoctawIndiansPeacemaking CourtPrepared bySenior Peacemaker Judge Donna DensonSenior Youth Court Judge Kevin Briscoe

What is Itti Kana Ikbi?

Purpose• The Choctaw Tribal Court System has four distinct courtdivisions. Three trial courts comprised of Criminal, Civil,and Youth, the fourth is Itti-Kana-Ikbi or PeacemakerCourt.• The Supreme Court of the Mississippi Band of ChoctawIndians provides a forum for any party to pursue theirright to appeal an adverse judgment entered by trial court.• Any matter involving criminal offenses by non-members ofthe MBCI on reservation lands may be handled under thejurisdiction of the U.S Magistarte. Certain felony offensesmay also be prosecuted in the U.S Federal Courts

Area-Specific Purpose• The purpose of the Choctaw Itti Kana Ikbi Court alsoknown as Peacemaking is provided a forum for theuse of traditional Choctaw methods of opposingparties to resolve disputes in a fair, informal, andinexpensive manner.• Any ambiguity in the Itti-Kana-Ikbi Code shall beliberally construed to carry out its purpose ofencouraging traditional Mississippi Band of ChoctawIndians methods of dispute resolution withoutformal proceedings

Vision Statement• The Vision of Peacemaking is to provide a forumwhereby all individuals who encounter conflictwith others may be able to find a peacefulresolution to that conflict and end what mayhave become a violent confrontation or simplyan adverse situation.• Also, it is the vision of Peacemaking to bringfamilies back together when adversity amongfamily members, homes have broken up.

Goal of Peacemaking• It is the goal of Peacemaking to help findresolution between Choctaw individuals whomare having legal difficulties because of conflictwith other individuals.• It is Peacemaking’s goal to save as many Choctawfamilies as possible from breaking up.• Peacemaking aims to accomplish these goals andto nurture relationship where peace isestablished as a part of those relationships.

How are cases transferred toPeacemaking Court?• After the Preliminary Setting, the next Phase isAdjudication. During this phase AlternativeRoutes are introduced in court.Alternatives:– Peacemaking Court– Teen Court– Youth Healing To Wellness Drug Court– Osapausi Amasalichi Reentry Program

Three things need to happened before itis transferred to Peacemaking1. Clients are given a understanding aboutPeacemaking.2. The expectations of all parties involved must beestablished3. All parties must agree in writing to havePeacemaking intervene in their case.

Case Study: “The Ugly Feather”

The Itti-Kana-Itbi Peacemaker Model1. Focuses on Process “making things right” “to repair”2. Prayer is used initially and at the ending of process3. Both Civil and Criminal Jurisdiction4. Use of Customary and traditional law5. Builds on trust and relationships to promote healing and restoration6. No attorneys representation by extended or advocate7. Talk and discussion are necessary native Language can be used8. No Time Limit9. The Community right may supersede the individual right10. Apology to victim, community, clan11. Forgiveness- is essential12. Enforceable as an Order of the Court13. Can give full faith and credit or comity14. Completion finished; not to be spoken again

Itti Kana Ikbi…“…it is a way to put back some of our people’s wayinto this justice system…”– Supreme Court Justice Hilda Nickey

Peacemaker Rules• Open with a Prayer• Introductions• Statement of the issues• Everyone will have a chance to speak• Everyone must participate fully• Be tough on the issues and gentle on the person• Learn to Learn• Respect the Speaker

Peacemaker Rules Cont…• Only one person talks at a time• One person will speak at a time and otherswould sit there and think• Listening is more important than talking• So there was silence ...silence…silence• Pauses … and more pauses…• Discussion, apology, forgiveness• Consensus building

Peacemaker Rules Cont…• Consensus … and listening are emphasized• Apologies are given• Forgiveness--- is highly valued• The session is memorialized into written agreementand filed as a court order• After the session … we move forward… it is over andnot to be bought up again.• Contempt of Court may be invoked: but due to thenature of the proceeding- as consensus building,this is usually not an issue.

Case Study- Family Dispute

Chickasaw NationPeacemaking Video

POLLIs your community interested inestablishing a Peacemaking Court?

Chickasaw NationPeacemaking VideoFor more information on the ChickasawPeacemaking Court, including how toorder this video, please call ChickasawJustice Barbara A. Smith at 580-235-0281.

Peacemaking and the Law of Respect“ The Peacemaking process is related to theconcept of K’e, or respect. K’e means to restoremy dignity, to restore my worthiness.”– Justice Robert YazzieChief Justice Navajo Nation

Conclusion• The information we have provided is merely a Tool for youto think about when incorporating Peacemaking in yourcourts.• MS. Choctaw Tribal Peacemaking Court is a True court witha True meaning.• The concept of justice in our Peacemaking Courts shall bethe guardians of Tribal Sovereignty. To be an Alternativeroute to a Win-Win situation for harmony and Peace.• Peacemaking is process of the “willingness to listen as wellas to speak.” We hope that Peacemaking can be use as aBest Practice in you Courts. Yakoki

Questions and CommentsType your question intothe Chat Box.

Contact InformationJudge Kevin Briscoe ,kbriscoe@choctaw.orgJudge Donna Denson,ddenson@choctaw.orgEthleen Iron Cloud-Two Dogs,



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