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Navajo Restorative Justice: The Law of Equality and Justice (From Restorative Justice: International Perspectives, P 157-173, 1996, Burt Galaway and Joe Hudson, eds. -- See NCJ-172607)

NCJ Number
172615
Author(s)
R Yazzie; J W Zion
Date Published
1996
Length
17 pages
Annotation
The Courts of the Navajo Nation, which covers more than 25,000 square miles of territory in Arizona, New Mexico, and Utah, have returned to traditional Navajo justice methods; this paper shows how these methods reflect the principles of restorative justice.
Abstract
In 1982 the Navajo Nation established Navajo Peacemaker Courts, in which respected community leaders organize and preside over the traditional Navajo process for resolving disputes that, in European traditions, might be considered criminal. Peacemaker court decisions are made by the participants because, consistent with Navajo concepts of freedom and individuality, one person cannot impose a decision on another. If one person believes they have been wronged by another, they will first make a demand for the perpetrator to put things right. If this is not successful, the wronged person may turn to a respected community leader to facilitate and organize a peacemaker process. The process is not confrontational, but involves family and clan members of victims and perpetrators discussing matters in an effort to arrive at a mutually satisfactory solution. The peacemaker has persuasive authority and draws on the traditions and stories of the culture to offer practical advice. The parties discuss the nature of the problem and work toward finding a resolution. The process ends in an action plan to solve the problem, often through reparation. 6 references

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