Contextualization for Native American Crime and Criminal Justice Involvement (From Native Americans, Crime, and Justice, P 10-19, 1996, Marianne O Nielsen and Robert A Silverman, eds. -- See NCJ-168132)

• NCJ Number: 168133
• Author(s): M O Nielsen
• Date Published: 1996
• Length: 10 pages
• Sale Source: Westview Press, Inc
• Publication Type: Issue Overview
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

In describing the context for Native American crime and criminal justice involvement in Canada and the United States, this chapter discusses the impact of colonization on the Native peoples of North America and the Native people's roles in the criminal justice system.

Abstract

Before European contact, the Native peoples of North America had their own cultures, economic systems, societal structures, laws, and methods of enforcing good behavior. The arrival of the Europeans severely damaged these institutions over a relatively short period of time. Some of this destruction resulted from deliberate government policy; some of it was unintentional. The changes brought by the Europeans affected Native American demographics, technology, economic systems, ecology, culture, law, and politics. Indian Nations were affected by these agents at various times because of the differential rate of European settlement. Native offenders face special problems in dealing with the criminal justice system because of isolation from the dominant society. They may be unfamiliar with European-based laws and justice; they may lack education about the criminal justice system; they may have language difficulties; they may not know about legal assistance; they may lack money to pay lawyers, fines, or bail; they may lack knowledge of resources to help with criminogenic conditions such as alcoholism and unemployment; or they may experience discrimination from the dominant society. Native people are also victims of crime, and they are active service providers who are working not only to improve the effectiveness of the criminal justice system services to Native victims and offenders, but also to improve the socioeconomic conditions that lead to crime. Native Americans are active in four criminal justice administration roles: as service providers within the dominant system, as operators of reservation-based services, as designers and operators of urban "pan-Indian" services, and as designers and operators of traditional justice- based services. 3 notes