Routledge Handbook on Native American Justice Issues Routledge International Handbooks Series

Native Americans are disproportionately represented as offenders in the U.S. criminal justice system. Routledge Handbook on Native American Justice Issues is an authoritative volume that provides an overview of the state of American Indigenous populations and their contact with justice concerns and the criminal justice system. The volume covers the history and origins of Indian Country in America; continuing controversies regarding treaties; unique issues surrounding tribal law enforcement; the operation of tribal courts and corrections, including the influence of Indigenous restorative justice practices; the impact of native religions and customs; youth justice issues, including educational practices and gaps; women?s justice issues; and special circumstances surrounding healthcare for Indians, including the role substance abuse plays in contributing to criminal justice problems.

Bringing together contributions from leading scholars ? many of them Native Americans ? that explore key issues fundamental to understanding the relationships between Native peoples and contemporary criminal justice, editor Laurence Armand French draws on more than 40 years of experience with Native American individuals and groups to provide contextual material that incorporates criminology, sociology, anthropology, cultural psychology, and history to give readers a true picture of the wrongs perpetrated against Native Americans and their effects on the current operation of Native American justice. This compilation analyzes the nature of justice for Native Americans, including unique and emerging problems, theoretical issues, and policy implications. It is a valuable resource for all scholars with an interest in Native American culture and in the analysis and rectification of the criminal justice system?s disparate impact on people of color.

Table of Contents

PART I: HISTORICAL ANTECEDENTS: A DISMAL PAST

Introduction

Chapter 1. Pre-Columbian America

Linguistic groups and confederations

Algonquian Tribes

Iroquoian Tribes

Muskhogean People

Siouan Tribes

Athapaskan Tribes

Pueblo Tribes

Mexican Tribes

Pre-Columbian trade

Chapter 2. Colonial contact and exploitation

Colonial rules of engagement

Contravening Social Perspectives

Slavery

The savage Indian Stereotype: Torture, Scalping, and Genocide

The Acadian Expulsion

Royal Proclamation of 1763: the seeds of the American Revolution

Chapter 3. Indian Policy in the New Republic – 1776-1850

The Louisiana Purchase and the plight of the Civilized Tribes

Indian Removal Act

Chapter 4. The Cherokees: transformation from aboriginal society to civilized tribe

Aboriginal prehistory

Aboriginal Cherokee Harmony and Justice

"Civilizing" the Cherokee: A Nation emerges

Cherokee Removal Aftermath

Chapter 5. From Removal to Reservations – 1859-1907

Treaties made and broken again

Transformation of the U.S. Army: U.S. Civil War to the Indian Wars

Wounded Knee – the last campaign of the Indian Wars

Canada’s Indian Uprising

Mexico’s Indian Conflicts

Legislating Indian Country

Indian education and cultural genocide

Ex Parte Crow Dog & the Major Crimes Act

Major Crimes Act – March 3, 1885

Court of No-Appeal

Chapter 6. Reign of Cultural Extermination & Injustice -1890-1976

Allotment Policies

The General Allotment Act

Land Allotment – Disaster in the Making

Indian Reorganization: Salvaging Indian Country from total destruction

The Woes of Allotment and Cultural Genocide

Indian Reorganization Act (IRA): the "Indian Jim Crow" model

Termination and Relocation

The Eisenhower Legacy

The Indian Claims Commission Act

Termination and Public Law 280

House Resolution 198 Public Law 280

Relocation

PART II: CONTEMPORARY SCENE

Chapter 7. Toward Self-Determination – the New Federalism

Wounded Knee II

Indian Civil Rights – the road to Self-Determination

American Indian Policy Review Commission

The Final Report

Indian Self-Determination and Education Act

Resolution of the American Indian Policy Review Commission

Policing Indian Country

Self-Determination & Indian Education

New Federalism and Indian Chile Welfare

Self-Determination & Indian Health Services

Indian Health Care Improvement Act

Indian Religious Freedom

Archaeological Resources Protection Act

Indian Gaming-the New Federalism funding scheme

Indian Gaming Regulatory Act

Wounded Knee II Aftermath

Chapter 8. Indian Justice in the 21st Century Law & Order Issues

DHS Tribal Consultation Policy

Cobell v. Babbitt

Other issues regarding resources in Indian Country

Indian Gaming: the continuing controversy

"Gimmie Five": Investigation of Tribal Lobbying Matters

Violence in Indian Country

Alcoholism & Substance Abuse in Indian Country

Fetal Alcoholism (FAS)

Violence against Indian Woman initiative

Indian Education

Tribal Colleges and Universities (TCUs)

Indian Identity/Indian Status

PART III: OTHER VOICES

Chapter 9. Native American Women’s Issues

The Gendered Nature of Colonization

Violence

Risk Behaviors and Mental Health Disorders

Physical Health Disorders

Moderating Effects

Institutions

Theoretical Explanations

Recommendations for Change

Cultural Competence

Conclusions

Chapter 10. Restoring the Circle

Continued struggle for Native advancement in Higher Education

Reasons for low American Indian school performance

Examples of how the reprogramming improves services

Tribal Consultation

Indianizing Indian Education

The current case of the Cochiti Pueblo Learning Center

Our Methods addressing the Whole Child

Natural language use leading to bilingualism and biculturalism

Montessori method and the Whole Pueblo Chils

The BIA school program

Unfolding the facilitation process

The truancy intervention program

Parents as the first and last teachers

Improving student – parent relations

Establishing interventions as integral parts of the regular process

Developing appropriate Indian education

Policies in public schools

Programs to boost student performance in public schools

Building Native youth interests and pride in culture and history through archaeology

Education beyond K-12 – tribal colleges and universities

Innovations at tribal colleges

Life-long education – preserving language and culture

Preserving Indigenous traditional knowledge

Preserving traditional knowledge

Using contemporary media as vehicles for learning traditional values and knowledge

Adopting ceremony for current conditions

Learning about the huge impact of Indians on Western way

Indigenizing education

Develop tribal educational institution collaboration

Increasing the number of Native American advanced degrees and supporting Native studies

Education policy impacts and needs

Completing the Circle of Renewal

Chapter 11. Tribal Policing

Introduction to tribal policing

Native American social control prior to colonization

Formalized tribal policing post-colonization

Development of tribal policing

Criminal enforcement jurisdiction

Cherokee Nation v. Georgia

Fellows v. Blacksmith

Ex Parte Crow Dog

United States v. Kagama

Worchester v. Georgia

End of treaty making with tribes

Tribal self-governance and policing

Criminal activity committed on Indian lands

Tribal Law and Order Act

Contemporary tribal policing efforts

Office of Justice Services

United States Indian Policy Academy

Community-oriented policing services

Contemporary challenges

Conclusions

Chapter 12. The Ralamuri Language

Introduction

Minority languages and Globalization

Native languages of Mexico

Native languages of Chihuahua

Ralamuli language: sociolinguistic conditions

Linguistic revitalization experiences

Towards the linguistic revitalization of national languages

Prospects for maintenance and linguistic revitalization of the Ralamuli language

Linguistic normalization of the Ralamuli language

Education for linguistic revitalization

Mass media and communication in the Ralamuli language

Cultural production in the Ralamuli language

Conclusions

Chapter 13. Emergence of Intercultural Universities in Mexico

Introduction

Antecedents of the intercultural universities in Mexico

The start of intercultural universities

The first educational programs

Creation and changes of government agencies for assistance to Indigenous people, 2001-2003

First intercultural universities created by CGEIB

Intercultural universities: analysis of their creation

Criticism of Indigenous universities

Intercultural universities as a Vasconcelista project

Intercultural universities as development projects

Intercultural universities as part of the ethnophasic process

Non-Indigenous control of intercultural universities

Relationship of intercultural universities with Indigenous communities

Intercultural education as rhetoric

Emergence of intercultural universities as a reaction to federal government

Influence of Rectors and local government

Pedagory of power

Criticism of interculturality

Conclusions

Chapter 14. Education issues facing Indian Children and Youth in Canada

17th Century to Confederation

Education from Confederation to "Indian control of Indian education"

Indians formally advocate as a group regarding education

Ongoing effects of the Residential School debacle

Emergence of an educational literature concerned with First Nations

Selected positive data trends about First Nations; education

Laurence Armand French has the Ph.D. in sociology/social psychology from the University of New Hampshire, Durham and the Ph.D. in educational psychology/cultural psychology from the University of Nebraska, Lincoln. He has worked with tribes and Indian students since 1972. He has over 300 academic publications, including 20 books, many dealing with American Indian issues. He spent a semester studying Canadian Indians during the fall semester 2010 as the Solicitor General’s Endowed Visiting Chair of Criminology and Criminal Justice at St. Thomas University in Fredericton, New Brunswick, Canada. He is a licensed clinical psychologist (Arizona) and Fellow of the American Psychological Association; a senior Fulbright Scholar and Fulbright Specialist.