Native American Justice

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Rowman & Littlefield, 2003 - 244 pagini
Tracing the history of U.S. Indian policy from the eighteenth century to the present, this book explores how the Euro-American ethos of Manifest Destiny fueled a devastating campaign of ethnic cleansing against Native Americans. After decimating the Indian population through organized massacres, the U.S. government forcibly removed the survivors from their homelands to live on reservations. Physical genocide gave way to attempts at cultural eradication through policies designed to Christianize and civilize the Indians. These policies included the traumatic separation of children from their families for indoctrination and abuse in remote boarding schools. Treaties and policies are linked to the concept of federal paternalism and its relationship to pervasive health and social problems endemic in Indian country, including substance abuse and addiction. The book is divided into three main parts. Part I covers the US government's treatment of Indians from the colonial era to the present. Part II describes how the Cherokees' aboriginal concept of blood vengeance gave way to justice models based on the Protestant ethic. Part II also discusses governmental restrictions of religious expression by Indians. Part III delves into the judicial system within Indian country, looking at tribal courts, the Navajo court system, law enforcement, and corrections. An epilogue covers the incompleteness of social justice in Indian country, as reflected in problems such as the misuse of Indian money by the federal government. A Burnham Publishers book

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Cuprins

THE GENESIS OF INDIANUS RELATIONS
1
USIndian Treaties and Policies from 1778 to 1870
5
The Evolution of Laws and Courts in Indian Country
16
Allotment and the Destruction of the Five Civilized Tribes
22
From the Ashes of Ethnic CleansingIndian Reorganization and Tribal Preservation
27
The Reemergence of Cultural Genocide and AntiIndianism
33
CIVIL RIGHTS SELF DETERMINATION AND THE HEW FEDERALISM
41
Title IIRights of Indians
44
INDIAN COURTS AND JURISDICTIONS
125
UNEQUAL AND PUNISHMENT UNDER THE LAW
127
Crow Dog and the Major Crimes Act
131
The Court of No Appeal in Indian Territory
135
TRIBAL COURTS SELFDETERMINATION AND LIMITED JUSTICE
139
The Indian Reorganization Act and the Establishment of Tribal Courts
141
The Influence of Public Law 280 on Indian Courts
142
The Influence of the Indian Civil Rights Act on Tribal Justice
143

Title IIIModel Code Governing Courts of Indian Offenses
45
Title VIIMaterials Relating to Constitutional Rights of Indians
47
Title IDetermination of Civil and Criminal Jurisdiction and Law
52
Title IIImprovement of Law Enforcement on Indian Reservations
53
INDIAN JUSTICE
75
ABORIGINAL JUSTICE CHEROKEE BLOOD VENGEANCE
77
The American Indian Harmony Ethos
80
The Cherokee Example of the Harmony Ethos
83
EuroAmerican Influence on Cherokee Justice
91
AMERICAN INDIAN RELIGIOUS FREEDOM WITHIN THE CRIMINAL JUSTICE CONTEXT HISTORY CURRENT STATUS AND PROSPECTS...
95
Preface
96
Introduction
97
United States Policy of Christianization
99
The Continuing Struggle
105
American Indian Religious Freedom within the Prison Context
110
The Indian Tribal Act of 1993 and Tribal Codes
144
THE NAVAJO COURT SYSTEM
147
Navajo Adult Court System
149
Navajo Juvenile Court System
153
Navajo Peacemaker Court
157
Profile of Criminal Civil and Juvenile Cases in Navajo Courts
168
LAW ENFORCEMENT AND CORRECTIONS IN INDIAN COUNTRY
173
Toward Greater Federal Control over Indian Law Enforcement
178
THE ISSUE OF SOCIAL JUSTICE IN INDIAN COUNTRY
193
Resolution of the American Indian Policy Review Commission
195
Principles of Indian Sovereignty and the Trust Responsibility
201
Declarative Judgment of the Indian Suit against the US Government
206
NOTES
211
INDEX
231
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Despre autor (2003)

Laurence Armand French is a Psychology Professor and Chair of the Department of Social Sciences at Western New Mexico University. A student of Native American issues for more than thirty years, he is the author of more than 200 scholarly publications, including eleven books.

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