NCJ Number
64175
Journal
North Dakota Law Review Volume: 48 Issue: 4 Dated: (SUMMER 1972) Pages: 661-694
Date Published
1972
Length
34 pages
Annotation
INDIAN JUVENILE DELINQUENCY IS REVIEWED HISTORICALLY, EMPHASIZING FOUR CAUSATIVE FACTORS: OSCILLATING GOVERNMENT POLICY, FAILURE OF EDUCATION PROGRAMS, JURISDICTIONAL PROBLEMS, AND INADEQUATE FACILITIES.
Abstract
INDIAN CRIMINAL ACTIVITY IS DISPROPORTIONATE TO THE GENERAL LOCAL AND NATIONAL AVERAGES, WHILE RESEARCH INTO THE CAUSES AND EXTENT OF INDIAN JUVENILE DELINQUENCY REMAINS INADEQUATE. AN HISTORICAL OVERVIEW IS PRESENTED OF GOVERNMENT OSCILLATION BETWEEN POLICIES OF ASSIMILATION AND SELF-DETERMINATION TOWARD INDIANS, ALTERNATING BETWEENING FEDERAL, STATE, AND TRIBAL AUTHORITY. THIS OFFICIAL INDECISIVENESS HAS CREATED A DILEMMA FOR THE SOCIAL ADAPTATION OF INDIAN YOUTH. EDUCATION FOR INDIAN CHILDREN WAS ORIGINALLY STRUCTURED ON THE BOARDING SCHOOL PRINCIPLE, WHICH DELIBERATELY REMOVED CHILDREN FROM THEIR NATIVE ENVIRONMENT FOR ACCULTURATION PURPOSES. PRESENTLY, INDIAN YOUTH INTEGRATED INTO DAY SCHOOLS SUFFER FROM ASSIMILATION PRESSURES AND SUBJECTION TO ALIEN VALUES, RESULTING IN A HIGH DROPOUT RATE, LOW ACADEMIC ACHIEVEMENT, LACK OF SKILLS, UNEMPLOYMENT, AND JUVENILE DELINQUENCY. A NEGATIVE IMAGE OF THE INDIAN DOMINATES TEXTBOOKS; TEACHERS LACK KNOWLEDGE OF INDIAN CULTURE AND HAVE LOW EXPPECTATIONS FROM INDIAN CHILDREN. INDIAN PARTICIPATION AND CONTROL OF ADMINISTRATION IN SCHOOLS IS LACKING, AND PARENTAL INVOLVEMENT IS NONEXISTENT. DEVELOPMENT OF CULTURALLY SENSITIVE MATERIALS, TRAINED NATIVE TEACHERS, AND TEACHING AS A CAREER FOR INDIAN YOUTH IS URGED. FEDERAL FUNDS MUST BE MADE AVAILABLE TO ELIMINATE BOARDING SCHOOLS AS ALTERNATIVES TO NONEXISTING COMMUNITY FACILITIES. SIMILARLY, TRIBAL COURTS ARE FORCED TO SEND JUVENILES TO FEDERAL INSTITUTIONS FOR LACK OF REHABILITATION FACILITIES IN THEIR COMMUNITIES. IMPORTANT CULTURAL DIFFERENCES EXIST, SINCE INDIAN LAW STRESSES VICTIM RESTITUTION AND REPARATION OVER CRIMINAL RETRIBUTION. IN MINNESOTA, WHERE STATE JURISDICTION IS PRACTICED, CRIMINAL ACTIVITY HAS NOT DECREASED, UNEMPLOYMENT AND WELFARE PROBLEMS REMAIN, AND FACILITIES ARE STILL LACKING TO COPE WITH THE PROBLEMS. SPECIFIC DEFFICIENCIES OF REHABILITATION FOR INDIAN JUVENILES ARE: (1) LACK OF SUBSTITUTE PARENTAL CARE; (2) LACK OF COUNSELING AND PROBATIONAL SERVICES, AND ALTERNATIVES TO INCARCERATION; (3) MISUNDERSTANDING AND DISTRUST OF LAW ENFORCEMENT AGENCIES; AND (4) LACK OF A COMPREHENSIVE PLAN TO COMBAT JUVENILE DELINQUENCY. INDIAN COMMUNITIES SHOULD ALLOCATE THE RESOURCES FOR GUIDING THEIR OWN YOUTH. DATA FROM MINNESOTA, NORTH DAKOTA, AND FEDERAL PROGRAMS ARE USED FOR REFERENCES. CHARTS, TABULAR DATA, AND FOOTNOTES ARE INCLUDED. (MRK)