Indian Justice

Indian Justice

Author: John Howard Payne

Publisher: University of Oklahoma Press

Published: 2002

Total Pages: 144

ISBN-13: 9780806134208

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In Indian Justice, Grant Foreman presents John Howard Payne’s first-hand account of the trial of Archilla Smith, a Cherokee charged with the murder of John MacIntosh in the fall of 1839. The Cherokee Supreme Court at Tahlequah (in present-day Oklahoma) found Smith guilty and sentenced him to die. Occurring immediately after the Cherokee Removal to west of the Mississippi River, the trial involved people on both sides of the bitter factional controversies then raging in the Cherokee nation. Payne’s account of this important Indian case first appeared in two installments in the New York Journal of Commerce in 1841. In his foreword to this new edition, Rennard Strickland places the case in historical and contemporary context, exploring the evolution of tribal court systems and Indian justice over the past century and a half.


Crime and Social Justice in Indian Country

Crime and Social Justice in Indian Country

Author: Marianne O. Nielsen

Publisher: University of Arizona Press

Published: 2018-04-10

Total Pages: 217

ISBN-13: 0816538395

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In Indigenous America, human rights and justice take on added significance. The special legal status of Native Americans and the highly complex jurisdictional issues resulting from colonial ideologies have become deeply embedded into federal law and policy. Nevertheless, Indigenous people in the United States are often invisible in discussions of criminal and social justice. Crime and Social Justice in Indian Country calls to attention the need for culturally appropriate research protocols and critical discussions of social and criminal justice in Indian Country. The contributors come from the growing wave of Native American as well as non-Indigenous scholars who employ these methods. They reflect on issues in three key areas: crime, social justice, and community responses to crime and justice issues. Topics include stalking, involuntary sterilization of Indigenous women, border-town violence, Indian gaming, child welfare, and juvenile justice. These issues are all rooted in colonization; however, the contributors demonstrate how Indigenous communities are finding their own solutions for social justice, sovereignty, and self-determination. Thanks to its focus on community responses that exemplify Indigenous resilience, persistence, and innovation, this volume will be valuable to those on the ground working with Indigenous communities in public and legal arenas, as well as scholars and students. Crime and Social Justice in Indian Country shows the way forward for meaningful inclusions of Indigenous peoples in their own justice initiatives. Contributors Alisse Ali-Joseph William G. Archambeault Cheryl Redhorse Bennett Danielle V. Hiraldo Lomayumptewa K. Ishii Karen Jarratt-Snider Eileen Luna-Firebaugh Anne Luna-Gordinier Marianne O. Nielsen Linda M. Robyn


American Indian Sovereignty and the U.S. Supreme Court

American Indian Sovereignty and the U.S. Supreme Court

Author: David E. Wilkins

Publisher: University of Texas Press

Published: 1997

Total Pages: 426

ISBN-13: 9780292791091

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Himself a Lumbee Indian and political scientist, David E. Wilkins charts the "fall in our democratic faith" through fifteen landmark cases in which the Supreme Court significantly curtailed Indian rights. These case studies--and their implications for all minority groups--are important and timely in the context of American government re-examining and redefining itself.


Justice in Indian Country

Justice in Indian Country

Author: Sari Horwitz

Publisher: Diversion Books

Published: 2015-04-14

Total Pages: 127

ISBN-13: 1626817944

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This eye-opening report is the product of a year-long investigation into how the legal system in Indian country fails some of America's most vulnerable citizens—and what is being done to begin to rectify an ongoing tragedy. Sari Horwitz, recipient of the ASNE Award for Distinguished Writing on Diversity, traveled to an Indian reservation in Minnesota to interview a Native American woman who had been sexually assaulted, as had her mother and daughter. In each case, the assailants, who were not Native American, were not prosecuted due to loopholes in the laws on jurisdiction of criminal prosecution on Indian reservations. This story set her off on a journey across the country, into remote villages and tribal lands where Horwitz uncovered the widespread failures of the American legal system and its inability to protect Native American women and children. This powerful call-to-action gives a view that is charged and insightful, exploring the deeply human consequences of a bureaucracy that has often done more harm than good. As President Obama's administration sets out to close the loopholes and bring justice to survivors, Horwitz speaks to the people these new laws will impact, describes their hopes for the future and gives voice to those who have been silent for too long.


Empire of Law and Indian Justice in Colonial Mexico

Empire of Law and Indian Justice in Colonial Mexico

Author: Brian Philip Owensby

Publisher: Stanford University Press

Published: 2008

Total Pages: 393

ISBN-13: 0804758638

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Brian P. Owensby is Associate Professor in the University of Virginia's Corcoran Department of History. He is the author of Intimate Ironies: Modernity and the Making of Middle-Class Lives in Brazil (Stanford, 1999).


American Indians, American Justice

American Indians, American Justice

Author: Deloria Vine

Publisher: Univ of TX + ORM

Published: 2010-06-28

Total Pages: 366

ISBN-13: 0292747829

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This comprehensive overview of federal Indian law explores the context and complexities of modern Native American politics and legal rights. Both accessible and authoritative, American Indians, American Justice is an essential sourcebook for all concerned with the plight of the contemporary Indian. Beginning with an examination of the historical relationship of Indians and the courts, the authors describe how tribal courts developed and operate today, and how they relate to federal and state governments. They also define such key legal concepts as tribal sovereignty and Indian Country. By comparing and contrasting the workings of Indian and non-Indian legal institutions, the authors illustrate how Indian tribes have adapted their customs, values, and institutions to the demands of the modern world. They examine how attorneys and Indian advocates defend Indian rights; identify the typical challenges Indians face in the criminal and civil legal arenas; and explore the public policy and legal rights of Indians as regards citizenship, voting rights, religious freedom, and basic governmental services.


American Indian Sovereignty and the U.S. Supreme Court

American Indian Sovereignty and the U.S. Supreme Court

Author: David E. Wilkins

Publisher: University of Texas Press

Published: 2010-01-01

Total Pages: 426

ISBN-13: 0292774001

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"Like the miner's canary, the Indian marks the shift from fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the rise and fall in our democratic faith," wrote Felix S. Cohen, an early expert in Indian legal affairs. In this book, David Wilkins charts the "fall in our democratic faith" through fifteen landmark cases in which the Supreme Court significantly curtailed Indian rights. He offers compelling evidence that Supreme Court justices selectively used precedents and facts, both historical and contemporary, to arrive at decisions that have undermined tribal sovereignty, legitimated massive tribal land losses, sanctioned the diminishment of Indian religious rights, and curtailed other rights as well. These case studies—and their implications for all minority groups—make important and troubling reading at a time when the Supreme Court is at the vortex of political and moral developments that are redefining the nature of American government, transforming the relationship between the legal and political branches, and altering the very meaning of federalism.


Criminal Justice in Native America

Criminal Justice in Native America

Author: Marianne O. Nielsen

Publisher: University of Arizona Press

Published: 2009-04-09

Total Pages: 260

ISBN-13: 9780816526536

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Native Americans are disproportionately represented as offenders in the U.S. criminal justice system. However, until recently there was little investigation into the reasons. Furthermore, there has been little acknowledgment of the positive contributions of Native Americans to the criminal justice system- in rehabilitating offenders, aiding victims, and supporting service providers. This book offers a valuable and contemporary overview of how the American criminal justice system impacts Native Americans on both sides of the law. Contributors- many of whom are Native Americans- rank among the top scholars in their fields. Some of the chapters treat broad subjects, including crime, police, courts, victimization, corrections, and jurisdiction. Others delve into more specific topics, including hate crimes against Native Americans, state-corporate crimes against Native Americans, tribal peacemaking, and cultural stresses of police officers. Separate chapters are devoted to women and juveniles.


Indian No More

Indian No More

Author: Charlene Willing McManis

Publisher: Youth Large Print

Published: 2023-07-12

Total Pages: 0

ISBN-13:

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When Regina's Umpqua tribe is legally terminated and her family must relocate from Oregon to Los Angeles, she goes on a quest to understand her identity as an Indian despite being so far from home.


Restorative Justice in India

Restorative Justice in India

Author: R. Thilagaraj

Publisher: Springer

Published: 2017-07-04

Total Pages: 202

ISBN-13: 3319476599

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This book systematically introduces the practice of restorative justice in India, as a resource for comparative criminal justice research. “Restorative justice” focuses on the rehabilitation of offenders through reconciliation with victims, and with the community at large. It has gained momentum as a justice reform movement in Western countries within the past three decades, and it is estimated that up to one hundred countries worldwide utilize restorative justice practices. Within Western countries, it is seen largely a response or alternative to the perceived deficiencies of the existing criminal justice system. India has a rich tradition of restorative justice, and this work introduces both the traditional basis and contemporary practices of this justice system in India, in a comprehensive and systematic way. The contributions to this work cover three main areas: I. The Tradition of Restorative Justice in India II. The Development of Restorative Justice in India III. Restorative Justice Practices in India The third part – “Practices” covers special topics: including Restorative Justice and the Court, Restorative Justice and Incarceration, Restorative Justice and Juveniles, and Restorative Justice and Woman. The book covers the full range of the issues of restorative justice in India and will be a highly valuable resource book for researchers and upper level graduate students interested in alternative justice models in general, comparative criminology, and criminal justice in India specifically. “A landmark volume in the history of restorative justice and criminology in India. Many outstanding scholars in this collection outline the Indian experience of restorative justice from which the world has much to learn.” John Braithwaite Australian National University