NCJ Number
161861
Date Published
1992
Length
49 pages
Annotation
This paper reviews the existing body of knowledge about Native American delinquency across a number of issues.
Abstract
The discussion is organized under a set of topical headings that, in each case, bears upon some essential dimension of juvenile delinquency and juvenile justice. The topical headings are Native American Justice and Federal Jurisdiction, Traditional Tribal Justice and Sanctioning Measures, Causes and Correlates of Native American Delinquency, and Profile of Native American Delinquency. A review of Native American justice and Federal jurisdiction notes that the basic concern which continues to be raised and redefined is which level of government (tribal, State, or Federal) should assume jurisdiction over particular kinds and categories of misconduct. Although traditional tribal justice and sanctioning measures prior to contact with European society varied from tribe to bribe, certain basic themes were similar. Authority for decisionmaking as it related to social deviance was grounded in the wider social group, and approval to pursue any particular course of action against offending behavior was achieved through a process of attaining tribal consensus. Conformity to the norms of tribal values was instilled in all members and were constantly reinforced by kinsmen. The most recent profiles of crime, delinquency, arrest, prosecution, and incarceration among Native American youth and adults shows a grim picture. The most recent profile of the institutional confinement of Native American youth in those States that have substantial Indian populations has been provided by Camp and Camp (1991). In each State the number of confined Indian youth is disproportionate to the total population of Native Americans in each State. The Working Group for the Native American Community- Based Alternatives for Adjudicated Youth Initiative noted in its "Concept Paper" (1991) that a number of factors contribute to the dismal legacy of crime and delinquency among American Indians on reservations. This group suggested that among the critical factors were poverty, lack of education, chronic unemployment, substance abuse, marital and family disruption and violence, loss of cultural identity, overreliance on aggression to resolve disputes, and an inability/reluctance to assimilate into mainstream American society. 2 tables and 66 references