NCJ Number
152313
Journal
Journal of Contemporary Criminal Justice Volume: 10 Issue: 2 Dated: (May 1994) Pages: 123-134
Date Published
1994
Length
12 pages
Annotation
This article explores the melding of traditional Native and western values in rural State magistrate courts and village tribal courts in Alaska.
Abstract
In rural or "bush" Alaska, two complementary judicial structures handle local problems, including minor disputes, adoptions, marriages, and other matters that involve vital statistics. The first structure, the position of State lay magistrate, has a history of respected Natives performing long- term duty in positions that resemble those of many rural justices of the peace in other parts of the Nation. Under this structure, Natives that hold positions in western institutions can use traditional cultural values and show sensitivity for Native people who are facing alien legal structures. The second structure, that of the tribal court, parallels western judicial institutions, but with attributes that are superficially similar. Long-standing reservation tribal courts have a structure similar to State and Federal courts; however, in the past 12 years there has been a trend toward using "peacekeeping" (dispute resolution) methods on reservations. In contrast, Alaskan tribal courts have had a different development, from more traditional methods of social control to more western models. This evolution may reflect Alaskan tribes' need for legal recognition; the current legal status, responsibilities, and jurisdiction of tribal courts are in flux in Alaska. 21 references