Previous to Europeans coming to America, Native Americans had their own way of dealing with crime, and they had their own codes of conduct established. When someone’s rights were violated by someone else, the penalties handed down were based on each culture. Restitution was paid in crimes against others. Once the price was paid, then the issue was resolved. Penalties included public shame and humiliation, counseling by tribal elders, spiritual disenfranchisement, prohibition from participation in ceremonies, isolation and temporary banishment. Banishment was considered the ultimate punishment because of the loss of family and status, and death was almost certain in the harsh winters.
When the reservations were put into place, there was also pressure to get rid of the traditional Native American society. Formal legal systems equipped with police enforcement were put into place under civil and criminal codes created by the Secretary of the Interior. In 1883 courts of Indian Offenses, with Native American judges were established. In 1885 Congress passed a law that gave federal courts responsibility of handling major crimes on Native American reservations, a result of Crow Dog killing Spotted Tail in 1881. The courts realized that they did not have the jurisdiction to prosecute for the crime.
Criminal jurisdiction of all of Minnesota’s reservations, except Red Lake was transferred to the state under Public Law 280 in 1953. This was done partly to deal with the law enforcement problem. The issue with Public Law 280 was that it weakened tribal sovereignty and did not really lead to improved law enforcement. In 1973 Minnesota approved the request by the Bois Forte Tribe to return to federal-tribal jurisdiction in tribal matters. Bois Forte and Red Lake have their own criminal codes, tribal courts and BIA-funded police forces.
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Why did the Europeans have to change so many things for the Native Americans? The Native Americans form of punishment may not have been up the Europeans standards but they were looking for change in the people . The Native Americans punishments included public shame and humiliation, counseling by the elders, banishment, and some other forms of punishment. The Native Americans I think were looking for a way for their people to think before they acted. Seeing that some of the crimes may have been to much for their courts to handle the Native Americans handed the major crimes area over to the United States government which I can kind of see why. But if it didn't really improve the law enforcement part why did they hand it over. So then in 1973 Bois Forte was able to get their own criminal codes.
ReplyDeleteAlthough public shame, isolation, humilation, and banishment may have worked at one time, some kind of update to the system was needed. I agree that the system they have now is terrible but only because it's poorly defined. As a cultutre progresses into the modern world, they start to adapt the main morals, actions and language. Perhaps it is better in some sense to absorb western ideas more than just shame, isolation and etc. as a punishment. To me, chaos is inevitable if your tribe follows European actions but has American Indian consquences. Think of how pathetic those consquences sound to us today.
ReplyDelete(Whoops forgot to say name)^^^^
ReplyDelete-Lexy Becker