Native American Justice


Book Description

Tracing the history of U.S. Indian policy from the eighteenth century to the present, this book explores how the Euro-American ethos of Manifest Destiny fueled a devastating campaign of ethnic cleansing against Native Americans. After decimating the Indian population through organized massacres, the U.S. government forcibly removed the survivors from their homelands to live on reservations. Physical genocide gave way to attempts at cultural eradication through policies designed to Christianize and civilize the Indians. These policies included the traumatic separation of children from their families for indoctrination and abuse in remote boarding schools. Treaties and policies are linked to the concept of federal paternalism and its relationship to pervasive health and social problems endemic in Indian country, including substance abuse and addiction. The book is divided into three main parts. Part I covers the US government's treatment of Indians from the colonial era to the present. Part II describes how the Cherokees' aboriginal concept of blood vengeance gave way to justice models based on the Protestant ethic. Part II also discusses governmental restrictions of religious expression by Indians. Part III delves into the judicial system within Indian country, looking at tribal courts, the Navajo court system, law enforcement, and corrections. An epilogue covers the incompleteness of social justice in Indian country, as reflected in problems such as the misuse of Indian money by the federal government. A Burnham Publishers book




Criminal Justice in Native America


Book Description

Native Americans are disproportionately represented as offenders in the U.S. criminal justice system. However, until recently there was little investigation into the reasons. Furthermore, there has been little acknowledgment of the positive contributions of Native Americans to the criminal justice system- in rehabilitating offenders, aiding victims, and supporting service providers. This book offers a valuable and contemporary overview of how the American criminal justice system impacts Native Americans on both sides of the law. Contributors- many of whom are Native Americans- rank among the top scholars in their fields. Some of the chapters treat broad subjects, including crime, police, courts, victimization, corrections, and jurisdiction. Others delve into more specific topics, including hate crimes against Native Americans, state-corporate crimes against Native Americans, tribal peacemaking, and cultural stresses of police officers. Separate chapters are devoted to women and juveniles.




American Indians, American Justice


Book Description

This comprehensive overview of federal Indian law explores the context and complexities of modern Native American politics and legal rights. Both accessible and authoritative, American Indians, American Justice is an essential sourcebook for all concerned with the plight of the contemporary Indian. Beginning with an examination of the historical relationship of Indians and the courts, the authors describe how tribal courts developed and operate today, and how they relate to federal and state governments. They also define such key legal concepts as tribal sovereignty and Indian Country. By comparing and contrasting the workings of Indian and non-Indian legal institutions, the authors illustrate how Indian tribes have adapted their customs, values, and institutions to the demands of the modern world. They examine how attorneys and Indian advocates defend Indian rights; identify the typical challenges Indians face in the criminal and civil legal arenas; and explore the public policy and legal rights of Indians as regards citizenship, voting rights, religious freedom, and basic governmental services.




Crime and Social Justice in Indian Country


Book Description

In Indigenous America, human rights and justice take on added significance. The special legal status of Native Americans and the highly complex jurisdictional issues resulting from colonial ideologies have become deeply embedded into federal law and policy. Nevertheless, Indigenous people in the United States are often invisible in discussions of criminal and social justice. Crime and Social Justice in Indian Country calls to attention the need for culturally appropriate research protocols and critical discussions of social and criminal justice in Indian Country. The contributors come from the growing wave of Native American as well as non-Indigenous scholars who employ these methods. They reflect on issues in three key areas: crime, social justice, and community responses to crime and justice issues. Topics include stalking, involuntary sterilization of Indigenous women, border-town violence, Indian gaming, child welfare, and juvenile justice. These issues are all rooted in colonization; however, the contributors demonstrate how Indigenous communities are finding their own solutions for social justice, sovereignty, and self-determination. Thanks to its focus on community responses that exemplify Indigenous resilience, persistence, and innovation, this volume will be valuable to those on the ground working with Indigenous communities in public and legal arenas, as well as scholars and students. Crime and Social Justice in Indian Country shows the way forward for meaningful inclusions of Indigenous peoples in their own justice initiatives. Contributors Alisse Ali-Joseph William G. Archambeault Cheryl Redhorse Bennett Danielle V. Hiraldo Lomayumptewa K. Ishii Karen Jarratt-Snider Eileen Luna-Firebaugh Anne Luna-Gordinier Marianne O. Nielsen Linda M. Robyn




Indigenous Environmental Justice


Book Description

This volume clearly distinguishes Indigenous environmental justice (IEJ) from the broader idea of environmental justice (EJ) while offering detailed examples from recent history of environmental injustices that have occurred in Indian Country. With connections to traditional homelands being at the heart of Native identity, environmental justice is of heightened importance to Indigenous communities. Not only do irresponsible and exploitative environmental policies harm the physical and financial health of Indigenous communities, they also cause spiritual harm by destroying land held in a place of exceptional reverence for Indigenous peoples. With focused essays on important topics such as the uranium mining on Navajo and Hopi lands, the Dakota Access Pipeline dispute on the Standing Rock Indian Reservation, environmental cleanup efforts in Alaska, and many other pertinent examples, this volume offers a timely view of the environmental devastation that occurs in Indian Country. It also serves to emphasize the importance of self-determination and sovereignty in victories of Indigenous environmental justice. The book explores the ongoing effects of colonization and emphasizes Native American tribes as governments rather than ethnic minorities. Combining elements of legal issues, human rights issues, and sovereignty issues, Indigenous Environmental Justice creates a clear example of community resilience in the face of corporate greed and state indifference.




Justice in Indian Country


Book Description

This eye-opening report is the product of a year-long investigation into how the legal system in Indian country fails some of America's most vulnerable citizens—and what is being done to begin to rectify an ongoing tragedy. Sari Horwitz, recipient of the ASNE Award for Distinguished Writing on Diversity, traveled to an Indian reservation in Minnesota to interview a Native American woman who had been sexually assaulted, as had her mother and daughter. In each case, the assailants, who were not Native American, were not prosecuted due to loopholes in the laws on jurisdiction of criminal prosecution on Indian reservations. This story set her off on a journey across the country, into remote villages and tribal lands where Horwitz uncovered the widespread failures of the American legal system and its inability to protect Native American women and children. This powerful call-to-action gives a view that is charged and insightful, exploring the deeply human consequences of a bureaucracy that has often done more harm than good. As President Obama's administration sets out to close the loopholes and bring justice to survivors, Horwitz speaks to the people these new laws will impact, describes their hopes for the future and gives voice to those who have been silent for too long.







In the Light of Justice


Book Description

In 2007 the United Nations approved the United Nations Declaration on the Rights of Indigenous Peoples. United States endorsement in 2010 ushered in a new era of Indian law and policy. This book highlights steps that the United States, as well as other nations, must take to provide a more just society and heal past injustices committed against indigenous peoples.




Covered with Night: A Story of Murder and Indigenous Justice in Early America


Book Description

WINNER • 2022 PULITZER PRIZE IN HISTORY Finalist • National Book Award for Nonfiction Best Books of the Year • TIME, Smithsonian, Boston Globe, Kirkus Reviews The Pulitzer Prize-winning history that transforms a single event in 1722 into an unparalleled portrait of early America. In the winter of 1722, on the eve of a major conference between the Five Nations of the Haudenosaunee (also known as the Iroquois) and Anglo-American colonists, a pair of colonial fur traders brutally assaulted a Seneca hunter near Conestoga, Pennsylvania. Though virtually forgotten today, the crime ignited a contest between Native American forms of justice—rooted in community, forgiveness, and reparations—and the colonial ideology of harsh reprisal that called for the accused killers to be executed if found guilty. In Covered with Night, historian Nicole Eustace reconstructs the attack and its aftermath, introducing a group of unforgettable individuals—from the slain man’s resilient widow to an Indigenous diplomat known as “Captain Civility” to the scheming governor of Pennsylvania—as she narrates a remarkable series of criminal investigations and cross-cultural negotiations. Taking its title from a Haudenosaunee metaphor for mourning, Covered with Night ultimately urges us to consider Indigenous approaches to grief and condolence, rupture and repair, as we seek new avenues of justice in our own era.




American Indian Sovereignty and the U.S. Supreme Court


Book Description

Himself a Lumbee Indian and political scientist, David E. Wilkins charts the "fall in our democratic faith" through fifteen landmark cases in which the Supreme Court significantly curtailed Indian rights. These case studies--and their implications for all minority groups--are important and timely in the context of American government re-examining and redefining itself.