Native American Youth In The Juvenile Justice System

More documents

Recommendations

Info

Focus on individual rights Punitive and removes offender Prescribes penalties by and for the state Right of accused, especially against selfincrimination Vindication to society Focus on victim and communal rights Corrective, offenders are accountable and responsible for change Customary sanctions used to restore victim-offender relationship Obligation of accused to verbalize accountability Reparative obligation to victims and community, apology and forgiveness Indigenous Systems Today The status of tribes as sovereign nations are both preconstitutional and xtraconstitutional. Tribes continue to possess four key characteristics of their sovereign status: a distinctive permanent population, a defined territory with identifiable borders, a government exercising authority over territory and population, and the capacity to enter into government-to-government relationships with other nation-states. The administration of justice, law, and order is a function of government retained by the tribes as sovereign nations. It is within this realm that indigenous justice systems exist. Although there have been many efforts to limit the jurisdiction of tribal justice systems, tribes retain the authority to determine the legal structure and forums to use in administering justice and to determine the relationship of the legal structure with other governing bodies. Tribes have personal jurisdiction over their members and nonmember Indians, territorial jurisdiction over their lands, and subject-matter jurisdiction over such areas as criminal, juvenile, and civil matters. While limited by the Indian Civil Rights Act in sentencing, tribes have concurrent jurisdiction over the felony crimes enumerated under the Major Crimes Act. The forums for handling disputes differ for each tribe, which may use varying combinations of family and community forums, traditional courts, quasi-modern courts, and modern tribal courts. Family forums, such as family gatherings and talking circles, are facilitated by family elders or community leaders. Matters usually involve family problems, marital conflicts, juvenile misconduct, violent or abusive behavior, parental misconduct, or property disputes. Customary laws, sanctions, and practices are used. Individuals are summoned to these gatherings following traditional protocols initiated by the chosen elder. For example, in Pueblo communities the gathering is convened by the aggrieved person's family, which must personally notify the accused and his or her family of the time and place of the gathering. Page 26 of 158
Generally, elders are selected as spokespersons responsible for opening and closing the meetings with prayers. During the meeting, each side has an opportunity to speak. The victim may speak on his or her own behalf, and the family may assist in conveying the victim's issues. Extended family members often serve as spokespersons if the victim is very young or vulnerable. Similarly, a spokesperson may be designated to speak on behalf of the accused, especially if the accused is a juvenile or if other circumstances prevent the accused from speaking. When the family forum cannot resolve a conflict, the matter may be pursued elsewhere. Offender compliance is obligatory and monitored by the families involved. It is discretionary for decisions and agreements to be recorded by the family. Community forums require more formal protocols than family forums, but draw on the families' willingness to discuss the issues, events, or accusations. These are mediated by tribal officials or representative s. Some tribes have citizen boards that serve as peace makers or facilitators. Customary laws, sanctions, and practices are used. Personal notice is made by tribal representatives to the individuals and families involved. Usually, this is all that is necessary to compel individuals to meet in both the family and community forums. When necessary, a personal escort to the gathering place may be provided by tribal officials. In some tribal communities notice may be by mail. Page 27 of 158
Page 2 and 3: Turning the Improbable Into the Exc
Page 4 and 5: Page 4 of 158
Page 8 and 9: 6. 1 We disseminate Quarterly publi
Page 18 and 19: Since that time, Native-American cu
Page 20 and 21: was invited by the Commonwealth of
Page 24 and 25: disclosure of problems, to discussi
Page 28 and 29: In the community forum, the tribal
Page 30 and 31: For many tribes along the Northwest
Page 32 and 33: further criminality or relapse into
Page 34 and 35: Nonetheless, it is important for tr
Page 38 and 39: For American Indian and Alaskan Nat
Page 42 and 43: offenses, the ability of both state
Page 46 and 47: Legal/Statistical Area Description
Page 76 and 77:
Legal/Statistical Area Description
Page 78 and 79:
Page 80 and 81:
Page 82 and 83:
Page 84 and 85:
Page 86 and 87:
Page 88 and 89:
Page 90 and 91:
Page 92 and 93:
Page 94 and 95:
Page 96 and 97:
Page 98 and 99:
Page 100 and 101:
Page 102 and 103:
Page 104 and 105:
Page 106 and 107:
Page 108 and 109:
Page 110 and 111:
Page 112 and 113:
Tribal Designated Statistical Areas
Page 114 and 115:
Page 114 of 158
Page 116 and 117:
The Navajo Nation "is really reluct
Page 118 and 119:
Page 118 of 158
Page 120 and 121:
that comprehensively combat juvenil
Page 122 and 123:
Page 122 of 158
Page 124 and 125:
Vita-C There are several requiremen
Page 126 and 127:
interagency agreements. Collaborati
Page 128 and 129:
Page 128 of 158
Page 130 and 131:
Notes _____________________________
Page 132 and 133:
Page 132 of 158
Page 134 and 135:
Last updated: April 2016 www.ojjdp.
Page 136 and 137:
outcomes. For example, one of the 1
Page 138 and 139:
communities taught them the importa
Page 140 and 141:
generalizability of the program to
Page 142 and 143:
Offense Disparities: A Call for Tri
Page 144 and 145:
Page 134 of 158
Page 146 and 147:
BRIEF JULY 2015 American Indian and
Page 148 and 149:
3 | American Indian & Alaska Native
Page 150 and 151:
5 | American Indian & Alaska Native
Page 152 and 153:
Attachment C The Quiet Crisis in Na
Page 154 and 155:
11/29/2017 The Quiet Crisis in Nati
Page 156 and 157:
Advocacy Foundation Publishers Page
Page 158 and 159:
Issue Title Quarterly Vol. I 2015 T
Page 160 and 161:
Issue Title Quarterly Vol. V 2019 O
Page 162 and 163:
LI Nonprofit Confidentiality In The
Page 164 and 165:
Vol. XVIII 2032 Public Policy LXXVI
Page 166 and 167:
Legal Missions International Page 1
Page 168 and 169:
XVII Russia Q-1 2019 XVIII Australi
Page 170 and 171:
The e-Advocate Newsletter Genesis o
Page 172 and 173:
Extras The Nonprofit Advisors Group
Page 174 and 175:
www.TheAdvocacyFoundation.org Page
show all

Native American Youth In The Juvenile Justice System

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?