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Date: November 22, 2024 Fri
Time: 11:31 am
Time: 11:31 am
Results for talking circles
1 results foundAuthor: Fahey, Jennifer Title: Crime and Justice in Indian Country: A summary of Talking Circle Findings and the Tribal Law and Order Act of 2010 Summary: This report summarizes information regarding culture and criminal justice issues in Indian Country today, most of it gathered through talking circles and focus groups with members of different American Indian communities in the United States in 2009-2010. Findings from the talking circles highlight some of the major issues facing American Indian tribal governments and communities in terms of criminal justice issues, strategies being used to address such issues, and areas in need of improvement. The intent of this writing is to educate those who may not be familiar with American Indian culture, courts, governments, and current criminal justice challenges; to better inform those making Indian policy and funding decisions; to share with tribal communities a sampling of criminal justice resources and initiatives in Indian Country today, and to outline for all the significant legal changes created by the recently enacted Tribal Law and Order Act. Chapter 1 of the report discusses the legal framework of tribal criminal justice systems in the United States, including an overview of tribal sovereignty, the role of tribal courts, and an introduction of Public Law 280 (PL 280) and jurisdictional authority. Chapter 2 summarizes the talking circle discussions, focusing primarily on the complexities of jurisdictional issues, program needs and resources, and culture and cultural identity as the foundation for tribal justice. With one exception, all talking circles were held prior to the enactment of the Tribal Law and Order Act (also referred to as the TLOA); consequently, discussion of jurisdictional issues in Chapter 2 does not reflect the legal amendments created by the TLOA. Finally, Chapter 3 describes some of the recent changes brought about by the Tribal Law and Order Act, which was passed in July 2010. The Talking Circles Initiative grew out of a larger research project conducted by the Crime and Justice Institute (CJI) at Community Resources for Justice, examining how culture may play a role in assessing and treating the needs of American Indian offenders in order to help reduce criminal behavior and rates of incarceration. To determine the impact of culture on risk and need assessment and the resulting interventions, data elements from thousands of probation files were reviewed and risk scores of American Indian offenders were compared to those of the general population to determine whether discrepancy exists.2 A significant part of this research focused on state and local corrections agencies because the research design required a comparison between American Indian and non-American Indian offenders. Tribal justice systems, by definition, do not serve non-Indian offenders, making such a comparison impossible. Consequently, CJI believed it important to hear from tribal communities on the issues of culture and crime, both deeply complex issues with differing implications for tribes. Participating tribal communities represented both Public Law 280 and non-Public Law 280 states, geographically diverse communities, and different levels of development in terms of tribal self-governance. Participants included two tribal communities in the Southwest, two tribal communities in the Southeast, and four tribal communities in the Midwest. Areas of discussion included sovereign governments, tribal justice systems, criminal justice needs, strength-based strategies that may have possibility of application or replication in other communities, and how culture plays a role in the system. It is important to recognize that there are over 560 federally recognized tribes in the United States. The information contained in this document is intended as a sampling of information gathered from a handful of Indian nations, tribes or bands across the Country. In no way should the information contained herein be interpreted as representative of all tribal communities. Further, this report provides an introduction to the legal complexities and cultural richness of tribal people and their governments. Additional reading and discussions with tribal justice stakeholders are encouraged. Details: Boston: Crime and Justice Institute at Community Resources for Justice, 2011. 31p. Source: Internet Resource: Accessed December 1, 2012 at: http://tloa.ncai.org/documentlibrary/2011/08/Talking_Circles_Report_Final_Jul11.pdf Year: 2011 Country: United States URL: http://tloa.ncai.org/documentlibrary/2011/08/Talking_Circles_Report_Final_Jul11.pdf Shelf Number: 127091 Keywords: American IndiansIndians of North AmericaTalking CirclesTribal Justice (U.S.)Tribal Law and Order Act of 2010 |