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NCJ Number: 65658 Find in a Library
Title: INDIAN POLICE AND JUDGES - EXPERIMENTS IN ACCULTURATION AND CONTROL
Author(s): W T HAGAN
Corporate Author: Yale University Press
92a Yale Station
United States of America
Date Published: 1966
Page Count: 194
Sponsoring Agency: North Texas State University
Denton, TX 76203
Yale University Press
New Haven, CT 06520
Sale Source: Yale University Press
92a Yale Station
New Haven, CT 06520
United States of America
Type: Historical Overview
Language: English
Country: United States of America
Annotation: THIS IS A DETAILED ANALYSIS FOR PURPOSES OF GUIDANCE IN CURRENT POLICYMAKING OF THE HISTORICAL CONDITIONS AND PRACTICES BY WHICH INDIAN POLICE AND JUDGES FUNCTIONED ON RESERVATIONS DURING THE LATE 19TH CENTURY.
Abstract: THE PROPOSAL FOR INDIAN POLICE FORCES ORIGINATED AS AN ALTERNATIVE TO RELIANCE ON THE TROOPS AND MILITARY AUTHORITY OF THE WAR DEPARTMENT. APPOINTED BY THE FEDERAL AGENTS ON RESERVATIONS, INDIAN POLICE AND JUDGES FUNCTIONED AMONG MOST TRIBES OF THE AMERICAN WEST, AND THIS SYSTEM REPRESENTED AN INFUSION OF ANGLO-SAXON LEGAL CONCEPTS INTO NATIVE INSTITUTIONS AND PRACTICES MAINTAINING SOCIAL ORDER. THE POLICEMEN WERE AMONG THE FIRST TO PRACTICE MONOGAMY, LEARN ENGLISH, AND SEND THEIR CHILDREN TO SCHOOL. THE ESTABLISHMENT OF THE GREAT SIOUX RESERVE IN 1876 WAS GREATLY FACILITATED BY TRIBAL POLICEMEN AND IS ANALYZED AS AN EXAMPLE OF A NOMADIC WARRIOR PEOPLE'S TRANSITION TO A SEDENTARY LIFESTYLE. TRIBAL COURTS, ONCE RECOGNIZED BY THE GOVERNMENT, SUFFERED FROM FINANCIAL NEGLECT. THEY NEVERTHELESS PLAYED A SIGNIFICANT MEDIATION ROLE BETWEEN THE RACES AND GAVE TRIBESMEN WITH LEADERSHIP QUALITIES A CHANCE TO EXERT AUTHORITY IN THEIR COMMUNITY. DOMESTIC DISCORD, DRUNKENNESS, AND RESTRAINT OF ANTIWHITE BELLIGERENCE WERE TYPICAL MATTERS HANDLED BY THE TRIBUNALS, WHOSE PRACTICES WERE FAR MORE INFORMAL THAN WHITE JUDICIAL PROTOCOL. THE DECLINE IN IMPORTANCE OF INDIAN COURTS AND POLICE STEMMED DIRECTLY FROM THE DAWES ACT, WHICH PLACED INDIANS UNDER STATE CIVIL AND CRIMINAL JURISDICTION, AND GAVE TRIBESMEN ALLOTMENTS AND CITIZENSHIP. THE CONFUSED LEGAL STATUS OF INDIANS REMAINS A PROBLEM WHOSE CONTEMPORARY LEGAL STATUS OF INDIANS REMAINS A PROBLEM WHOSE CONTEMPORARY SOLUTION MAY BE A RETURN TO INDIAN COURTS AND POLICE FOR INDIAN COMMUNITIES. THIS MATERIAL IS PRESENTED WITH DETAILED HISTORICAL FOOTNOTES. A BIBLIOGRAPHY IS PROVIDED. (MRK)
Index Term(s): American Indians; Federal regulations; Indian justice; Reservation crimes; Reservation law enforcement; Socioculture; State laws; Tribal community relations; Tribal court system; Tribal history; Tribal police
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=65658

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