NCJ Number
199564
Date Published
2002
Length
23 pages
Annotation
This chapter discusses lessons learned from the restorative justice practices of the Aboriginal people and a Native American tribe.
Abstract
The restorative justice systems of Aboriginal people in North America, called peacemaking, appear to be heavily grounded in unique cultural beliefs. These beliefs and their supporting values and norms, may make translation of peacemaking to non-Aboriginal people a difficult task. Aboriginal people emphasize solidarity and consensus and a spiritual compact between the People and the Creator. Supernatural elements play important roles, as in prayers, sacred ceremonies and symbols, and pre-human creation stories. Western justice concepts of independent and impartial judges are foreign to Aboriginal people, who prefer an involved elder as a guide, not a judge. There are strong ties between concepts of healing and peacemaking, similar to the “medical model” in criminology that views crime as an illness and corrections as a treatment. The method seems best reserved for family-centered problems that can take advantage of family, clan, and local community as support systems. There are some elements of peacemaking that may be translated into non-Aboriginal communities. The use of horizontal, rather than vertical, mediation systems places all participants on an equal footing and appeals to those espousing equality of treatment and power. The use of lay judges may be an economic and social plus because the practice costs less and involves a wider segment of the community in the justice-seeking, peacemaking process. The emphasis on the victim’s well being fits into the current worldwide movement toward greater consideration of victim’s rights. The emphasis on Peacemaker Courts for domestic and family issues fits well with many of the same problems confronting contemporary non-Aboriginal peoples. The emphasis on reintegration may assist the perpetrator, the victim, and the larger community at this crucial juncture. Peacemaking places the restorative justice concepts in a historical and cross-cultural context. The Navajo judges view peacemaking as having macro-legal and micro-legal applications, both of which are unique and should be recognized. 16 notes, 53 references