Comparison of Developmental Ideologies: Navajo Nation Peacemaker Courts and Canadian Native Justice Committees (From Restorative Justice: International Perspectives, P 207-223, 1996, Burt Galaway and Joe Hudson, eds. -- See NCJ-172607)

• NCJ Number: 172618
• Author(s): M O Nielsen
• Date Published: 1996
• Length: 17 pages
• Sale Source: Criminal Justice Press/Willow Tree Press
• Language: English
• Country: United States of America

Annotation

This paper compares the ideologies of the Peacemaker Courts of the American Navajo Nation and the Youth Justice Committees in Alberta, Canada.

Abstract

Native-operated criminal justice services have developed in response to overrepresentation by Native people in the criminal justice systems of the United States and Canada. Most have been modifications of Euro-based programs, but new services are less likely to conform to such principles. Navajo Peacemaker Courts and Alberta Youth Justice Committees are associated with the courts of their respective countries. Peacemaker Courts are Navajo Nation courts that offer mediation in civil disputes. Youth Justice committees are community-based sentencing advisory bodies for young offender courts. Although there are differences between the two programs, there are also important similarities, particularly with regard to developmental and operational ideologies, with the latter based on the need to develop legitimacy with a number of constituencies. Differences arise out of the differing political statuses of Native peoples in the two countries. Peacemakers follow a healing paradigm of restorative justice, because Native people in the United States have more sovereignty in establishing criminal justice services. The Youth Justice Committees, on the other hand, follow a co-judging paradigm because of the lesser sovereignty of Canadian Native peoples. Indications are that a healing paradigm is the goal of the Youth Justice Committees once they have established more legitimacy. 33 references