Native American Justice

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ISBN: 9780830415755 | 0830415750
Cover: Paperback
Copyright: 1/1/2003

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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.

Indian Policies, Treaties, and Rights	p. 1
The Genesis of Indian-U.S. Relations	p. 3
From the Colonial Era to Federal Control	p. 3
Removal as Ethnic Cleansing: U.S.-Indian Treaties and Policies from 1778 to 1870	p. 7
The Evolution of Laws and Courts in Indian Country	p. 18
Allotment and the Destruction of the Five Civilized Tribes	p. 24
From the Ashes of Ethnic Cleansing--Indian Reorganization and Tribal Preservation	p. 29
The Reemergence of Cultural Genocide and Anti-Indianism	p. 35
Civil Rights, Self-Determination, and the New Federalism	p. 43
ICRA: Title II--Rights of Indians	p. 46
ICRA: Title III--Model Code Governing Courts of Indian Offenses	p. 47
ICRA: Title IV--Jurisdiction over Criminal and Civil Actions	p. 47
ICRA: Title VII--Materials Relating to Constitutional Rights of Indians	p. 49
Public Law 93-638: Title I--Determination of Civil and Criminal Jurisdiction and Law	p. 54
Public Law 93-638: Title II--Improvement of Law Enforcement on Indian Reservations	p. 55
Indian Justice	p. 77
Aboriginal Justice: Cherokee Blood Vengeance	p. 79
The Protestant Ethic and the Genesis of U.S. Justice	p. 80
The American Indian Harmony Ethos	p. 82
The Cherokee Example of the Harmony Ethos	p. 85
Euro-American Influence on Cherokee Justice	p. 93
American Indian Religious Freedom within the Criminal Justice Context: History, Current Status, and Prospects for the Future	p. 97
Preface	p. 98
Introduction	p. 99
United States Policy of Christianization	p. 101
The Continuing Struggle	p. 107
American Indian Religious Freedom within the Prison Context	p. 112
Indian Courts and Jurisdictions	p. 127
Unequal Justice and Punishment under the Law	p. 129
Crow Dog and the Major Crimes Act	p. 133
The Court of No Appeal in Indian Territory	p. 137
Tribal Courts: Self-Determination and Limited Justice	p. 141
The Synder Act and Meriam Report Influence	p. 141
The Indian Reorganization Act and the Establishment of Tribal Courts	p. 143
The Influence of Public Law 280 on Indian Courts	p. 144
The Influence of the Indian Civil Rights Act on Tribal Justice	p. 145
The Indian Tribal Act of 1993 and Tribal Codes	p. 146
The Navajo Court System	p. 149
Navajo Adult Court System	p. 151
Navajo Juvenile Court System	p. 155
Navajo Peacemaker Court	p. 159
Profile of Criminal, Civil, and Juvenile Cases in Navajo Courts	p. 170
Law Enforcement and Corrections in Indian Country	p. 175
Formal Policing in Indian Country	p. 175
Toward Greater Federal Control over Indian Law Enforcement	p. 180
Epilogue: The Issue of Social Justice in Indian Country	p. 195
Resolution of the American Indian Policy Review Commission	p. 197
Principles of Indian Sovereignty and the Trust Responsibility	p. 203
Declarative Judgment of the Indian Suit against the U.S. Government	p. 208
Notes	p. 213
Index	p. 233
Table of Contents provided by Ingram. All Rights Reserved.

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Native American Justice

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