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This book outlines indigenous institutions and thinking to show
Native American responses to contemporary justice problems. It
provides resource materials for practitioners in the criminal
justice fields and in private agencies providing services to Native
peoples.
The historical involvement of Native peoples within the criminal
justice system is a narrative of tragedy and injustice, yet Native
American experience in this system has not been well studied.
Despite disproportionate representation of Native Americans in the
criminal justice system, far more time has been spent studying
other minority groups. Native Americans, Crime, and Justice is the
first book in many years to provide students with a comprehensive
overview of Native Americans and the unique challenges they face as
justice is meted out, both in the United States and Canada.
Crossing disciplines, this important anthology, which includes the
voices of both Native Americans and non-Native Americans, provides
students in criminology, sociology, and Native American studies
courses with articles ranging from the scholarly to the more
humanistic, Also included are a number of news accounts that
complement the other pieces with a sense of immediacy and
timeliness about the involvement of Native Americans in the
criminal justice system. Students and general readers alike will
come away from reading this collection with a better, more informed
understanding of Native Americans, crime, and justice, whether they
are learning about the unique problem of tribal versus federal
jurisdiction on Indian lands, patterns of Native American crime,
the process of decisionmaking in tribal courts, or Native American
delinquency.
Navajo peacemaking is one of the most renowned restorative justice
programs in the world. Neither mediation nor alternative dispute
resolution, it has been called a "horizontal system of justice"
because all participants are treated as equals with the purpose of
preserving ongoing relationships and restoring harmony among
involved parties. In peacemaking there is no coercion, and there
are no "sides." No one is labeled the offender or the victim, the
plaintiff or the defendant. This is a book about peacemaking as it
exists in the Navajo Nation today, describing its origins, history,
context, and contributions with an eye toward sharing knowledge
between Navajo and European-based criminal justice systems. It
provides practitioners with information about important aspects of
peacemaking--such as structure, procedures, and outcomes--that will
be useful for them as they work with the Navajo courts and the
peacemakers. It also offers outsiders the first one-volume overview
of this traditional form of justice. The collection comprises
insights of individuals who have served within the Navajo Judicial
Branch, voices that authoritatively reflect peacemaking from an
insider's point of view. It also features an article by Justice
Sandra Day O'Connor and includes contributions from other scholars
who, with the cooperation of the Navajo Nation, have worked to
bring a comparative perspective to peacemaking research. In
addition, some chapters describe the personal journey through which
peacemaking takes the parties in a dispute, demonstrating that its
purpose is not to fulfill some abstract notion of Justice but to
restore harmony so that the participants are returned to good
relations. "Navajo Nation Peacemaking" seeks to promote both
peacemaking and Navajo common law development. By establishing the
foundations of the Navajo way of natural justice and offering a
vision for its future, it shows that there are many lessons offered
by Navajo peacemaking for those who want to approach old problems
in sensible new ways.
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