Native-American justice systems are very different than the traditional American criminal justice system in that the Native-American systems are “based on a holistic philosophy where law is a way of life and justice is part of the life process” (Melton, 1995). These systems have unwritten laws that are passed down and the process involves a circle of justice that connects everyone as they are focused on the center, which represents the issues that need to be fixed to maintain peace (Melton, 1995). The American system “is based on a retributive philosophy that is hierarchical, adversarial, punitive, and guided by codified laws and written rules, procedures, and guidelines” (Melton, 1995). Since the victim has suffered, it is believed
There is much literature about African American and Hispanic offenders and the punishment of males in the criminal justice system; however, there is not much literature on either Native Americans or women offenders in the criminal justice system. Luana Ross attempts to break this trend with her research in Inventing the Savage: The Social Construct of Native American Criminality. In her book, Ross first gives a comprehensive history and perspective on the perception of Native Americans by what she describes as “Euro-Americans.” In the second part of her book, Ross gives us a glimpse on the conditions and treatment of women prisoners (particularly Native American women) in a Montana women’s correctional facility (labeled the WCC by the author).
The process of assimilation, as it regards to the Native Americans, into European American society took a dreaded and long nearly 300 years. Initially, when the European’s came to the hopeful and promising land of the “New World”, they had no desire or reason anything but minimal contact with the Indians. However, starting in the 1700s the European colonists population skyrocketed. The need for more resources became evident and the colonists knew they could attain these necessities by creating a relationship of mutual benefit with the Native tribes. The Indians, at first skeptical, however became growingly open to the colonists and the relationship they were looking to attain. Indian furs were traded for colonial goods and military alliances were formed.
The Effectiveness of the Law in Achieving Justice for Indigenous People In relation to Australia, the term ‘Indigenous peoples’ refers to two distinct cultures of people who inhabited the land prior to European settlement – The Aboriginals and the Torres Strait Islanders. This population declined dramatically over the 19th and early 20th century due to the introduction of new diseases from European settlement, Government policies of dispersal and dispossession, the era of protection, assimilation and integration causing a cultural disruption and disintegration of the Indigenous peoples. In the 20th century the recognition and protection of Indigenous peoples land rights and human rights have been at the forefront of Global Issues where the International community has sought to address the issues and ratify Human Rights and Land Rights for Indigenous People as a legitimate subject to be implemented into international law and the domestic law of member states such as Australia. To evaluate the effectiveness of the law in achieving justice for Indigenous Australians we must look at the Australian Legal System, and the extent to which it addresses it’s obligations to International Law in relation to Australia’s
Throughout our country’s history there have been several groups who have fared less that great. Every minority group was treated unfairly, Indians were uprooted and had no control, I can’t imagine for a second being a soldier in combat, women struggled for basic rights, and many people fell victim to the changing ways of our economy, losing their jobs and fighting to survive. It seems wrong to pick one group over another, as if to say some people who were treated horribly or who faced mounting obstacles didn’t actually have it as bad as another group. But throughout all the years we’ve studied, one group that stood out to me who were dealt a horrible fate were Native Americans living in the west during the 19th century. When Americans began to expand westward, Indians unwillingly had their lives flipped upside down and changed drastically. After years of displacement, they were being forced to live in certain areas and follow certain rules, or risk their lives.
The purpose of this paper is to examine why the justice system fails for First Nations persons and alternative rehabilitation methods used by Aboriginal people, comprised of Aboriginal people, for Aboriginal people, in hopes to rehabilitate offenders and prevent criminal behavior in the Aboriginal community from precontact to today. Through the attempts of Aboriginal people to take control of their own destiny’s in the ever going struggle to attain self-government I will examine the aims and structure of one of these alternative rehabilitation methods, the Sentencing Circle used today to address the need to return to community based “Restorative Justice Programs” in the Aboriginal community
Bopp and Bopp (2007: 45) argue that the tendency of making use of uniform strategies in restorative justice loses values and often overlooks the heterogeneity of identities as well as the experience of the native people. This means that it is important to acknowledge the differences amongst the aboriginal people. It is evident that the use of retributive model of justice has been used in many of the corrections in Canada. Despite that, this method has not been effective in reducing crime amongst the aboriginal people.
The gross over representation of indigenous people in the Australian criminal justice system (CJS) is so disturbingly evident that it is never the source of debate. Rather it is the starting point of discussions centring on the source and solutions to this prominent social, cultural and political issue. Discourse surrounds not only the economic and social disadvantage of indigenous communities, but also the systemic racism and continuing intergenerational trauma resulting for the unjust colonisation of a nation which has profited whites at the detriment to indigenous people throughout history. In respect to the currently CJS, trepidations are raised by indigenous communities around the lack of culturally diverse laws and punishments within the system. The overtly western system does not provide a viable space for indigenous
In the 30 years after the Civil War, although government policy towards Native Americans intended to shift from forced separation to integration into American society, attempts to "Americanize" Indians only hastened the death of their culture and presence in the America. The intent in the policy, after the end of aggression, was to integrate Native Americans into American society. Many attempts at this were made, ranging from offering citizenship to granting lands to Indians. All of these attempts were in vain, however, because the result of this policies is much the same as would be the result of continued agression.
The system in place is completely unsuitable and unhelpful for Native people and it shows just how indifferent Canada is to First Nations peoples’ well-being. Zimmerman explains in his article “Outcomes” that it is a well-known fact that Aboriginal people are overrepresented in the prison system (1992). There are so many reasons why this is so, and the majority of those reasons are because of the terrible way that Canada has interacted with them. They are isolated in their reserves, they are haunted by their residential school experiences, leading to alcoholism, domestic violence and neglect, and they face discrimination and a lack of social support from the government. Once an Aboriginal person finds themselves in the clutches of the prison system, the indifference begins. Canada’s criminal justice system is indifferent to an Aboriginal person’s cultural, spiritual, and individual needs that separate them from the average convicted person (Zimmerman, 1992). The criminal justice system ignores the unique idea of justice and restoration that First Nations peoples have, making it extremely irrelevant and unhelpful for them. First Nations peoples have linguistic and cultural barriers and a lack of counsel and understanding of the criminal processes and, therefore, have misguided rulings and inaccurate proceedings. Canada has not provided the cultural training and
When a person thinks of a “gang,” Native Americans are often not the first group of people that come to mind. Throughout the past 20 years however, Native American gangs have begun to draw attention to themselves. Though they often contrast their urban counterparts, Native gangs are a difficult force to be addressed by tribal leaders and authorities, as well as parents, and educators. Understanding such gangs is a difficult concept, using Native history and culture; this essay will provide insight into the emergence of Native gangs, as well as some prevention strategies taken on by the tribal communities.
All men are created equal (Declaration of Independence). Yet, the Native Americans continue their fight for decades since colonization. There is a constant struggle to urge for equality from William Apess in his 1833 essay, An Indian’s Looking-Glass for the White Man. In modern day, the fight continues after his lifetime. Equality and freedom is the goal for most Native Americans. Although securing the rights of the Native Americans are progressing, it is slow. Therefore, the inequality continues at a faster pace, as opposed to major changes that would impact the Native Americans positively. Throughout history, they are exploited for their land and natural resources and severely underfunded. As a matter of fact, the common theme seems to be that the Native Americans are continuously suppressed by the “superior race”, which showcases the prevalent thoughts in America. William Apess and
Contrary to popular belief, discrimination of Native Americans in America still widely exist in the 21st century! So you may ask, why? Well, to answer that one question, I will give you 3 of the countless reasons why this unfortunate group of people are punished so harshly for little good reason. So now, let’s get into it, shall we!
I have often been asked why social problems like alcohol abuse, suicide, and domestic violence disproportionality affect First Nation Peoples. Regarding Intimate Partner Violence, I believe that Indigenous women are disproportionally affected because of their low economic status. Intimate Partner Violence (IPV) in North America is a problem that can affect anyone despite, race, religion, or socioeconomic status. The data available suggest that First Nations women are more likely to experience IPV in their lifetime, with 46% -91% of Native woman experiencing violence compared to the 7-51% of their non-native counterparts (Nason-Clark, 2004)
Toronto, Canada: Canadian Scholars' Press, 2000. 167-186. The 'Secondary' of the 'Secon Ogawa, Brian K. Color of Justice: Culturally Sensitive Treatment of Minority Crime Victims. Allen and Bacon: Needham Heights, MA, 1999. Saleh Hanna, Viviane.
As a social work student, I have studied child and youth and Indigenous Peoples. I have taken courses in criminology, human rights, social policy, as well as social and child welfare. If there has been one message repeated over and over throughout these courses, it has been that a persons behaviour is affected by the environments they encounter. This explains why children in the welfare and justice system are often youths who have experienced some sort of trauma during their childhood, whether it be neglect, financial difficulties, physical, emotional, and/or sexual abuse. It is evident oppression and trauma have a strong influence on criminal behaviour. Therefore, it is important professionals take a restorative justice approach when working