NCJ Number
75855
Journal
Federal Probation Volume: 44 Issue: 3 Dated: (September 1980) Pages: 19-23
Date Published
1980
Length
5 pages
Annotation
This paper examines both sides of the controversy regarding Native American justice, traces the history of contemporary Native American movements, and discusses a Native American corrections survival program at the Swift Bird Facility in South Dakota.
Abstract
The paper states that neither the harmonious/aboriginal thesis with its focus on traditional tribal law nor the competitive/white antithesis with its focus on formal, adversary law accurately portrays a realistic picture of Native American justice. The emergence of pan-Indianism and Indian movements like the National Congress of American Indians (NCAI) and the National Indian Youth Council (NIYC) during the 1960's were instrumental in promoting a positive universal Indian image and in beginning major efforts toward self-sufficiency and self-determination. An outgrowth of this movement was the Native/American correctional survival philosophy, which works on the assumption that many contemporary Indian problems are ground in marginality, or the process of being caught between two worlds with little hope of fully belonging to either. The Native American Rights Fund (NARF) was instrumental in changing the Nebraska prison system so that Indian inmates could retain aspects of their cultural heritage. The suit which brought about these changes was the forerunner of the Cheyenne River Swift Bird Project -- the prototype of Indian-run correctional facilities to be developed across the United States. It is a voluntary prerelease Indian-run correctional facility designed to serve Native American clients from five northern plains States as well as the Federal Bureau of Prisons. It provides individualized cultural reprogramming for short-term Indian clients. Other Indian prison survival schools stress the development of a sense of Indian self-worth and the learning of the basic skills necessary to cope within both the Indian and the white worlds. A list of 17 references is included.