Historically, the fate of American Indians has been in the hands of others: politicians, the military, and varying justice jurisdictions at the federal, state, and local levels. Simultaneously, Native Peoples’ success was dependent upon functioning in a European-based sociocultural environment that was diametrically opposed to their own social and cultural foundations. The entry reviews the experience of the Native Peoples and the adaptations they have had to make in order to survive. It also examines their perception of and relationship to the U.S. criminal justice system.
It examines the history in four main categories:
- First Contact and Conflict
- Paternalism and Dependence
- Allotment and Assimilation
- Indian Rights and Movement toward Self-Determination
There is a good statement made in regards to something referred as “discovery doctrine”: The idea of Europeans justifying their dispossession and domination of Native Peoples. This doctrine was the guiding practice of dominant culture with Native Peoples and took the form of institutionalized superiority of Europeans over Native Peoples.
The entry focuses on the United states but much of the article could be applied to Canada and its relations with First Nations people. For over 200 years, the government has attempted to destroy Native societies and their justice systems. Ironically, Native methods of resolving conflict are now of interest to members of the dominant culture who want to update their courts by integrating the concept of restorative justice into their own legal system.
I find it hopeful and interesting that there can be a class such as this one today that attempts to study reflect and learn from Aboriginal culture and ideas. Some people I know feel it is “too little, too late” to make a change but I don’t think it is ever too late to change the opinions and attitudes toward Aboriginal culture.
Source:
Love, S. (2009). Native Americans: Culture, identity, and the criminal justice system. In H. Greene, & S. Gabbidon (Eds.), Encyclopedia of race and crime. (pp. 586-590). Thousand Oaks, CA: SAGE Publications, Inc. doi: 10.4135/9781412971928.n236