NCJ Number
158664
Date Published
1995
Length
12 pages
Annotation
The Chief Justice of the Navajo Nation reviews the history and current nature of the Navajo tribal justice system, emphasizing the concept of peacemaking, and concludes that this system is greatly preferable to the Federal judicial review and other burdens on Indian courts resulting from the Indian Civil Rights Act of 1968.
Abstract
The modern system of western adjudication and codes began in the justice system in the Navajo Nation in 1892. They used Indian judges, but were designed to destroy traditional Indian law by making it a crime to carry on traditional practice such as seeing a medicine man and being a medicine man. However, by the early 1900's, Navajo judges were doing things their own way; reports from the late 1930's and early 1940's indicate that court proceedings were more like town meetings. After the enactment of the 1934 Indian Reorganization Act, the Navajo Nation decided to keep its existing Bureau of Indian Affairs Court of Indian Offenses. Major changes followed World War II. In addition, Navajos also began considering their own traditional justice methods. They revived traditional Navajo peacemaking in 1982. The peacemaking session is conducted by a community leader who usually knows the defendant from childhood. The defendant's spouse, parents, children, and other relatives are usually there. Peacemaking has proved effective in cases of drunk driving, domestic assault, sex offenses, and even murder. This approach to justice appears to have no limits in its capabilities. However, Federal policies, a lack of federal support, and restrictions on criminal jurisdiction and sentencing all pose barriers to the use of this justice system.