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TOWARD A CULTURAL UNDERSTANDING OF THE NATIVE OFFENDER

NCJ Number
61526
Journal
Canadian Journal of Criminology Volume: 21 Issue: 4 Dated: (OCTOBER 1979) Pages: 453-462
Author(s)
J T L JAMES
Date Published
1979
Length
10 pages
Annotation
DISTINCTIVE CULTURAL PATTERNS OF NATIVE CANADIANS WHICH MAY INFLUENCE THEIR OVERREPRESENTATION IN THE OFFENDER POPULATION ARE IDENTIFIED AND IMPLICATIONS DRAWN.
Abstract
NATIVE CANADIANS ARE DEFINED AS DESCENDANTS OF THE PEOPLE ALREADY PRESENT ON CANADIAN SOIL IN 1535, INCLUDING METIS, WHO DATE THE BIRTH OF THEIR PEOPLE 9 MONTHS AFTER THE FIRST EUROPEAN LANDED. STATISTICS SHOWING THE NATIVE CANADIAN TO BE VASTLY OVERREPRESENTED IN THE OFFENDER POPULATION INDICATE THE EXISTENCE OF NATIVE CULTURAL, ECONOMIC, AND SOCIAL DIFFERENCES. CONFLICTS WHICH ARE PARTICULARLY RELEVANT TO THE CRIMINAL JUSTICE SYSTEM INCLUDE (1) LACK OF VERBAL SKILLS IN WHAT IS PROBABLY A SECOND LANGUAGE, MAKING THE NATIVE OFFENDER SEEM HOSTILE OR UNCOOPERATIVE AND AFFECTING THE TREATMENT RECEIVED BY POLICE AND THE COURT SYSTEM; (2) DISTURBANCES IN THE NATIVES' CULTURAL AND RELIGIOUS SENSE OF IDENTITY CREATING A SENSE OF ALIENATION AND LOW SELF-ESTEEM THAT TEND TO CORRELATE WITH ANTISOCIAL BEHAVIOR; (3) LEGAL CONFLICTS BETWEEN THE NATIVES' CULTURAL NORMS OF SHARING THE NECESSITIES OF LIFE WITH LAWS THAT PRECISELY DEFINE OWNERSHIP AND USE OF SPACE AND PROPERTY; (4) CONFLICTS BETWEEN A NATIVE CULTURE WHICH MEASURES TIME BY THE CYCLES OF NATURE WITH A WORLD OF MICROTIME ORIENTATION; AND (5) THE GULF BETWEEN THE NATIVES' HANDLING OF CONFLICT AND BEHAVIORAL DISPUTES AND A MODERN SOCIETY'S FORMAL INTENVENTION. FOOTNOTES ARE PROVIDED. (RCB)

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