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Self-Determination? Juvenile Justice in One American Indian Community

NCJ Number
191523
Journal
Journal of Contemporary Criminal Justice Volume: 14 Issue: 1 Dated: February 1998 Pages: 26-41
Author(s)
Lisa Bond-Maupin
Date Published
February 1998
Length
16 pages
Annotation
This study examined a relatively new system of juvenile justice in one American Indian community in the southwestern United States, a system which features a detention center operated by the tribal government under contract with the Federal Bureau of Indian Affairs.
Abstract
Using data collected from participant observation and interviews, the author analyzed the detention center as an enterprise intended to foster self-determination in the tribal response to Indian juvenile delinquents. The analysis found that the program operated in isolation, lacked community understanding or support for its operation, and was plagued by conflict within and between juvenile justice agencies. The study also explored the perspectives of community members regarding self-determination and justice for juveniles. The study concluded that the detention center, as a self-determination contract, did not constitute meaningful self-government for the people of this Indian community. Although the program's isolation insulates it from scrutiny and criticism by the Bureau of Indian Affairs (BIA), it has limited the ability of juvenile justice officials to be aware of and responsive to the needs of the community. Some of the conflict within and surrounding the detention center and juvenile justice in the Indian community has also been due to limitations imposed by the BIA through contract requirements. Under the contract, tribal governments may contract to operate only those programs previously administered by the BIA. This means that the tribal government must operate a jail-like detention facility. Mandated high standards for staff qualifications have limited the hiring of Indians, most of whom cannot qualify, so non-Indian people and members of other communities compose much of the staff. This practice has restricted the ability of contract programs to be representative and responsive to the community. 4 notes and 8 references