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Justice in Indian Country

Author: Sari Horwitz

Publisher: Diversion Books

Published: 2015-04-14

Total Pages: 127

ISBN-13: 1626817944

This eye-opening report is the product of a year-long investigation into how the legal system in Indian country fails some of America's most vulnerable citizens—and what is being done to begin to rectify an ongoing tragedy. Sari Horwitz, recipient of the ASNE Award for Distinguished Writing on Diversity, traveled to an Indian reservation in Minnesota to interview a Native American woman who had been sexually assaulted, as had her mother and daughter. In each case, the assailants, who were not Native American, were not prosecuted due to loopholes in the laws on jurisdiction of criminal prosecution on Indian reservations. This story set her off on a journey across the country, into remote villages and tribal lands where Horwitz uncovered the widespread failures of the American legal system and its inability to protect Native American women and children. This powerful call-to-action gives a view that is charged and insightful, exploring the deeply human consequences of a bureaucracy that has often done more harm than good. As President Obama's administration sets out to close the loopholes and bring justice to survivors, Horwitz speaks to the people these new laws will impact, describes their hopes for the future and gives voice to those who have been silent for too long.

Yellow Bird

Author: Sierra Crane Murdoch

Publisher: Random House Trade Paperbacks

Published: 2021-02-16

Total Pages: 402

ISBN-13: 0399589171

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PULITZER PRIZE FINALIST • The gripping true story of a murder on an Indian reservation, and the unforgettable Arikara woman who becomes obsessed with solving it—an urgent work of literary journalism. “I don’t know a more complicated, original protagonist in literature than Lissa Yellow Bird, or a more dogged reporter in American journalism than Sierra Crane Murdoch.”—William Finnegan, Pulitzer Prize–winning author of Barbarian Days In development as a Paramount+ original series WINNER OF THE OREGON BOOK AWARD • NOMINATED FOR THE EDGAR® AWARD • NAMED ONE OF THE BEST BOOKS OF THE YEAR BY The New York Times Book Review • NPR • Publishers Weekly When Lissa Yellow Bird was released from prison in 2009, she found her home, the Fort Berthold Indian Reservation in North Dakota, transformed by the Bakken oil boom. In her absence, the landscape had been altered beyond recognition, her tribal government swayed by corporate interests, and her community burdened by a surge in violence and addiction. Three years later, when Lissa learned that a young white oil worker, Kristopher “KC” Clarke, had disappeared from his reservation worksite, she became particularly concerned. No one knew where Clarke had gone, and few people were actively looking for him. Yellow Bird traces Lissa’s steps as she obsessively hunts for clues to Clarke’s disappearance. She navigates two worlds—that of her own tribe, changed by its newfound wealth, and that of the non-Native oilmen, down on their luck, who have come to find work on the heels of the economic recession. Her pursuit of Clarke is also a pursuit of redemption, as Lissa atones for her own crimes and reckons with generations of trauma. Yellow Bird is an exquisitely written, masterfully reported story about a search for justice and a remarkable portrait of a complex woman who is smart, funny, eloquent, compassionate, and—when it serves her cause—manipulative. Drawing on eight years of immersive investigation, Sierra Crane Murdoch has produced a profound examination of the legacy of systematic violence inflicted on a tribal nation and a tale of extraordinary healing.

A Lawyer in Indian Country

Author: Alvin J. Ziontz

Publisher: University of Washington Press

Published: 2011-03-01

Total Pages: 319

ISBN-13: 0295800208

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In his memoir, Alvin Ziontz reflects on his more than thirty years representing Indian tribes, from a time when Indian law was little known through landmark battles that upheld tribal sovereignty. He discusses the growth and maturation of tribal government and the underlying tensions between Indian society and the non-Indian world. A Lawyer in Indian Country presents vignettes of reservation life and recounts some of the memorable legal cases that illustrate the challenges faced by individual Indians and tribes. As the senior attorney arguing U.S. v. Washington, Ziontz was a party to the historic 1974 Boldt decision that affirmed the Pacific Northwest tribes' treaty fishing rights, with ramifications for tribal rights nationwide. His work took him to reservations in Montana, Wyoming, and Minnesota, as well as Washington and Alaska, and he describes not only the work of a tribal attorney but also his personal entry into the life of Indian country. Ziontz continued to fight for tribal rights into the late 1990s, as the Makah tribe of Washington sought to resume its traditional whale hunts. Throughout his book, Ziontz traces his own path through this public history - one man's pursuit of a life built around the principles of integrity and justice.

Native American Justice

Author: Laurence French

Publisher: Rowman & Littlefield

Published: 2003

Total Pages: 266

ISBN-13: 9780830415755

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Tracing the history of U.S. Indian policy from the eighteenth century to the present, this book explores how the Euro-American ethos of Manifest Destiny fueled a devastating campaign of ethnic cleansing against Native Americans. After decimating the Indian population through organized massacres, the U.S. government forcibly removed the survivors from their homelands to live on reservations. Physical genocide gave way to attempts at cultural eradication through policies designed to Christianize and civilize the Indians. These policies included the traumatic separation of children from their families for indoctrination and abuse in remote boarding schools. Treaties and policies are linked to the concept of federal paternalism and its relationship to pervasive health and social problems endemic in Indian country, including substance abuse and addiction. The book is divided into three main parts. Part I covers the US government's treatment of Indians from the colonial era to the present. Part II describes how the Cherokees' aboriginal concept of blood vengeance gave way to justice models based on the Protestant ethic. Part II also discusses governmental restrictions of religious expression by Indians. Part III delves into the judicial system within Indian country, looking at tribal courts, the Navajo court system, law enforcement, and corrections. An epilogue covers the incompleteness of social justice in Indian country, as reflected in problems such as the misuse of Indian money by the federal government. A Burnham Publishers book

Captured Justice

Author: Duane Champagne

Publisher:

Published: 2012

Total Pages: 0

ISBN-13: 9781611630435

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The policy of forced assimilation, called "termination," that Congress pressed upon Native Americans in the 1950s brought state criminal jurisdiction to more than half of all Indian reservations for the first time in American history. The law that accomplished most of this shift from a combination of tribal and federal control to state control is widely known as Public Law 280. Tribes did not consent to the new and alien forms of criminal justice, and the federal government provided no funding to state or local governments to ease the new burdens thrust upon them. Present-day concerns about community safety in Indian country raise questions about the appropriate strategy for achieving that end. Is expanded state criminal jurisdiction an appropriate response, or should that option be off the table? Does the experience with Public Law 280 suggest conditions under which state jurisdiction is more or less successful? Captured Justice is the first systematic investigation of the success or failure of the Public Law 280 program substituting state for tribal and federal criminal justice in Indian country. The authors first identify a set of six conditions that are necessary for criminal justice to succeed in Indian country. They then present the results of hundreds of interviews and surveys at sixteen reservations across the United States, tapping reservation residents, tribal officials and staff, and state and federal law enforcement officers and criminal justice personnel, to find out how the state jurisdiction regime is faring and to compare experiences on Public Law 280 reservations with those on non-Public Law 280 reservations. Before-and-after case studies of tribes that were able to remove state jurisdiction from their reservations complete the book. Captured Justice is both an important assessment of an historic federal Indian policy that remains with us today, and a guide to future criminal justice policy for Indian country. "The authors carefully and clearly explain the interaction of a complex overlay of cultures and legal systems. They also clearly explain their methodologies and interview individuals about their experiences in the legal system. This book would be appropriate for anyone interested in American Indian law, or those interested in related topics such as contemporary Native American studies or sociology." -- Book News Inc. (October 2012)

Indigenous Environmental Justice

Author: Karen Jarratt-Snider

Publisher: Indigenous Justice

Published: 2020

Total Pages: 233

ISBN-13: 0816540837

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"With connections to traditional homelands being at the heart of Native identity, environmental justice is of heightened importance to Indigenous communities. Not only do irresponsible and exploitative environmental policies harm the physical and financial health of Indigenous communities, they also cause spiritual harm by destroying the land and wildlife that are held in a place of exceptional reverence for Indigenous peoples. Combining elements of legal issues, human rights issues, and sovereignty issues, Indigenous Environmental Justice creates a clear example of community resilience in the face of corporate greed"--

Tribal Policing

Author: Eileen Luna-Firebaugh

Publisher: University of Arizona Press

Published: 2007-02-15

Total Pages: 168

ISBN-13: 0816545413

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What does it mean to be a tribal police officer? What are the complexities of that role? And how do tribal communities, tribal police departments, and other law enforcement agencies collaborate to address the alarmingly high rate of violent crime in Indian country? Author Eileen Luna-Firebaugh answers these and other questions in this well-documented text about tribal government and law enforcement in America. Based on extensive research with tribal police departments conducted over a period of eight years, Tribal Policing reveals the complicated role of police officials in Indian country and the innovative methods they are developing to address crime within their borders and to advance tribal sovereignty in the United States. Tribal police departments face many challenges, such as heightened crime rates, a lack of resources (working patrol vehicles, 911 systems, access to police radios), and vast patrol areas. Luna-Firebaugh demonstrates that tribal officers see themselves as members of the tribal community and that tribal law enforcement is a complex balance of tribal position and authority within the community. Among other topics, Luna-Firebaugh analyzes the structure of tribal law enforcement and the ways it differs from mainstream policing; the role of women, tribal members, and others who comprise tribal law enforcement personnel; tribal jails and corrections; police training; and the legal, political, cultural, and historical issues that affect American Indian tribal policing. This informative text addresses the scarcity of published material regarding tribal law enforcement and will be a welcome addition to courses in criminal justice, the administration of justice, law enforcement, and Native American studies.

American Indians, American Justice

Author: Deloria Vine

Publisher: Univ of TX + ORM

Published: 2010-06-28

Total Pages: 366

ISBN-13: 0292747829

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This comprehensive overview of federal Indian law explores the context and complexities of modern Native American politics and legal rights. Both accessible and authoritative, American Indians, American Justice is an essential sourcebook for all concerned with the plight of the contemporary Indian. Beginning with an examination of the historical relationship of Indians and the courts, the authors describe how tribal courts developed and operate today, and how they relate to federal and state governments. They also define such key legal concepts as tribal sovereignty and Indian Country. By comparing and contrasting the workings of Indian and non-Indian legal institutions, the authors illustrate how Indian tribes have adapted their customs, values, and institutions to the demands of the modern world. They examine how attorneys and Indian advocates defend Indian rights; identify the typical challenges Indians face in the criminal and civil legal arenas; and explore the public policy and legal rights of Indians as regards citizenship, voting rights, religious freedom, and basic governmental services.