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Results for tribal justice (u.s.)

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Author: U.S. Department of Justice. Justice Programs Council on Native American Affairs

Title: Tribal Justice Advisory Group: Final Report

Summary: The Tribal Justice Advisory Group or TJAG is an independent group of tribal leaders and officials made up of one delegate and one alternate from each of the twelve regions of the United States as defined by the Bureau of Indian Affairs, plus one delegate and one alternate from two of the largest American Indian, Alaska Native, and Native American (AI/AN/NA) nonprofit organizations, the National Congress of American Indians (NCAI) and the National Indian Health Board (NIHB). After a consultation involving tribal leaders in Phoenix, Arizona, the TJAG was chartered in 2007 by recommendation of the Justice Programs Council on Native American Affairs (JPCNAA), a council of senior-level Office of Justice Programs (OJP) leaders and tribal liaisons from each of the offices of OJP and other DOJ agencies. While the JPCNAA represents OJP’s efforts to coordinate internally its diverse tribal efforts, the TJAG is a medium through which AI/AN/NA external perspectives and tribal input can be brought to bear on those efforts of OJP in order to better serve tribes. During the three years since its establishment, the TJAG was the only body of its kind at the Department of Justice, a truly independent voice for tribes at OJP. However, in October 2009, Attorney General (AG) Eric Holder announced that he would create an AG-level independent advisory group called the Tribal Nations Leadership Council or TNLC. As a result, the TJAG will sunset into the new TNLC. At a final working group meeting held June 16th and 17th of 2010 in Rapid City, SD, the TJAG drafted this final report to make a record of its history, resources, goals, accomplishments, and recommendations, intending it not only to be viewed by OJP and DOJ staff and the public at large, but also specifically to serve as a tool for the newly-created TNLC as it picks up where the TJAG left off.

Details: Washington, DC: U.S. Department of Justice, 2010. 205p.

Source: Internet Resource: Accessed October 22, 2011 at: http://www.ojp.usdoj.gov/programs/pdfs/tjagreport.pdf

Year: 2010

Country: United States

URL: http://www.ojp.usdoj.gov/programs/pdfs/tjagreport.pdf

Shelf Number: 123085

Keywords:
American Indians
Indians of North America
Native Americans
Tribal Courts
Tribal Justice (U.S.)
Tribal Police

Author: 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 Indians
Indians of North America
Talking Circles
Tribal Justice (U.S.)
Tribal Law and Order Act of 2010