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Criminal Justice, Law, and Policy in Indian Country: A Historical Perspective

NCJ Number
120829
Journal
Journal of Criminal Justice Volume: 17 Issue: 5 Dated: (1989) Pages: 393-407
Author(s)
K Peak
Date Published
1989
Length
15 pages
Annotation
A historical analysis is presented of the American Indian criminal justice system, in the broader context of federal policy and case law that evolved for dealing with the "Indian problem."
Abstract
Specifically, the evolution of Indian police, courts, and corrections subsystems is delineated, including analysis of the myriad social problems that have plagued Indians, criminal justice practitioners, and Federal policymakers for centuries. The philosophical struggle between the traditional methods of Indian "justice" and the Americanized system, as imposed by the majority group, is also analyzed. It is concluded that Federal paternalism and vacillating policy decisions led to slavery, genocide, cultural conflict, and an Indian justice system that has been largely neglected since its inception. 41 references. (Author abstract)