NCJ Number
219643
Journal
The Prison Journal Volume: 87 Issue: 2 Dated: June 2007 Pages: 195-210
Date Published
June 2007
Length
16 pages
Annotation
As courts examine which ceremonies and practices are permissible for Native Americans to practice behind bars, this article assesses the health of Native American spirituality in prison and reports its well-being in various jurisdictions.
Abstract
The constant tug-of-war between Congress and the Supreme Court has left the religious rights of Native American prisoners unresolved in 2004. The denial of sweat lodges and medicine bundles for Native Americans continues to garner attention, however, because of the blatancy and frequency with which such denials occur today. More must be done for Native Americans and all other incarcerated people who struggle to maintain or search for faith until the denial of religious rights is completely eradicated within the penal system. Religion plays a special role in many people’s lives. This is particularly true for Native Americans, whose religion embodies their daily lives. When they are denied the right to practice their religion, the harmony in the world is lost, yet religious needs do not always fit neatly within prison regulations. However, the constitutional rights of prisoners to practice their religion behind bars are guaranteed under the Constitution. Courts have applied various tests to balance these interests with the security concerns of individual prisons. Notes, references