1 Jan 2003 01:27
Navajo Nation formally insists on traditional values in its justice system
Hunter Gray <hunterbadbear <at> earthlink.net>
2003-01-01 00:27:33 GMT
2003-01-01 00:27:33 GMT
Note by Hunterbear: The Navajo [Dine'] Nation numbers about 250,000 members and the reservation is bigger than the state of West Virginia -- encompassing Northeastern Arizona, Northwestern New Mexico, a slice of Southeastern Utah, and a bit of Southwestern Colorado. Having recently passed the Fundamental Laws of Dine', the Nation is now formally committed to the substantial inclusion and basic primacy of traditional Navajo values in its tribal justice system: e.g.,"look[ing] more at restitution and coming up with ways to deal with the underlying cause of the crime and not the crime itself." Although overcrowded jails have been a factor in this, the basic reasons go far deeper. The Navajo, much committed to the maintenance of the Dine' culture and its primary emphasis on Harmony, have been actively discussing this approach to justice for some time . An earlier step a few years ago saw the Navajo tribal courts return to the "old way" of emphasizing reconciliation between the victim and offender families. Some other Native tribes have been moving on this traditional trail -- but Navajo Nation has now formally and very broadly mandated it. Hopefully, other tribal nations -- "large" and "small" -- will follow its visionary lead in their tribal court systems. The Federal government under the Major Crimes Act [1885] -- and, in a minority of instances, state governments under Public Law 280 [1953] -- continue to maintain a heavy "justice" presence [essentially felony crimes jurisdiction] in Indian Country. Hopefully the time is coming relatively soon that all tribal nations will regain full sovereignty over their lands and affairs and all peoples thereon -- but always with full treaty and related rights vis-a-vis the Federal government. [Those treaties are part of(Continue reading)
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