At the heart of the trial, concerns over tribal cultures’ sovereignty and the role the United States government could play in Native American societies are found. The legal arguments of the jury, prosecution, and judge all blend together to create an ambiguous special verdict that specifies the legitimacy of tribal traditions while reinforcing the circuit court’s ultimate power over assigning and specifying the terms of these traditions. Due to this multi-faceted ruling, Menominee concerns were assuaged by the temporary confirmation of their autonomy and United States judicial rights to interfere in the affairs of Native Americans were also reinforced. What in contemporary times is considered a fascinating anecdote in the history of the formation of the Wisconsin government had much darker undertones during the time period. Ultimately, the conviction of Chief Oshkosh for murder represented an assertion of federal power over Native American affairs without the genuine interest or dedication to policing those…
Something interesting that I found was that on the Indian lands, if an Indian person commits crime, they have jurisdiction whether it was against a non-native person or not. State civil laws and regulation can apply on Indian land in some cases. The jurisdiction is delegated by the federal legislation or prior federal court decisions. I find it interesting that most state civil regulation does not apply within the Indian Country. This also means that a state can not regulate the tribal gaming enterprise.…
The documentary Standing Silent Nation: A Native American Family Seeking Economic Independence portrays the constant and permanent struggles that Native Americans, specifically the Oglala Lakota tribe, face daily. The documentary focused primarily on the economic inequality and underrepresentation that Native Americans experience due to the persistent prejudice that remains against this specific group. In other words, the Oglala Lakota tribe, and other Native American tribes, express their worry of the inequality committed against them by asking the viewer to take their situations into consideration by discussing their issues with the United States court system public. The Oglala Tribe can illustrate to the reader constant dedication and hard work to simply meet their financial needs, despite common belief that Native Americans just want handouts from the government. The documentary attempts to eliminate the negative stereotypes of Native Americans.…
SUPREME COURT OF THE UNITED STATES No. 13-1496 Dollar General Corporation, ET AL. , Petitioners v. Mississippi Band of Choctaw Indians, ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS Issue: Whether Indian tribal courts have jurisdiction to adjudicate civil tort claims against non tribe members, including as a means of regulating the conduct of non members who enter into consensual relationships with a tribe or its members. (SCOTUSBlog)…
In addition, she concludes a few more things. The racism, exploitation and sexualized violence against Indigenous women and girls by the police and justice system is a symptom of normalized racism. The inability to tackle it has compounded, even presently, the crisis. These are some more of Palmater’s conclusions. She has also stated that numerous national inquiries, commissions, and investigations have all concluded that every level of justice system has failed Indigenous peoples.…
The Project Director coordinates monthly meetings with the TAC (See Section IV.1. for a description of the Advisory Committee and its membership). The Project Director has recruited youth, family members, and elders to join the Tribal Advisory Committee. There is no active tribal youth or family organization.…
symbolizes a continual and progressive standpoint towards the women in this country, and not just one specific group of women but extends this equally to all. VAWA 2013 includes provisions for groups of women who had not been mentioned previously. Because of VAWA 2013, Indian tribes are now able to, “exercise their sovereign power to investigate, prosecute, convict, and sentence both Indians and non-Indians who assault Indian spouses or dating partners” (United States Department of Justice). This type of inclusion underpins the notion of equality by conveying that all women regardless of race, culture, tribes, have an equal right to safety. Additionally, VAWA 2013 makes a provision for women who are immigrants and experiencing abuse form a…
Failure of the federal law to grant “fair treatment” to the tribal governments through “meaningful involvement” impedes effectiveness of tribal institutions that are unable to “exercise sovereignty effectively”. Forced assimilation as a colonial legacy has…
Background Information and Thesis When America was still in its early years, Indians had a socioeconomic status less than that of a black person -- that is unless they became assimilated tax payers. The U.S. government toyed with them like puppets for years as America expanded west, forcibly securing them in federally controlled reservations under the guise of protecting them. By the mid 1800’s, all Native American tribes resided west of the Mississippi River on reservations due to the Indian Removal Act signed in 1830. Relationships between Indians and the government had been strained at best for decades. The government didn’t view Indians as human, which, in turn, made them think they could simply relocate the tribes whenever they pleased…
Throughout the past ten years, since UNDRIP was first signed, very little has been done to change and improve the lives of indigenous peoples. Although Native American tribes are historically rich in culture, tradition and customs, they are also full of injustice, suffering and tragedy from broken treaties to the lasting effects of assimilation. On reservations, education and poverty are issues that are Native People struggle with. “Native Americans continue to grapple with unemployment levels nearly double that of the overall population, have higher poverty rates and lag behind in education attainment” (Peralta, p.1). Education on reservations has had to follow standards set by states which contain culturally biased tests, curriculum and pedagogical practices.…
Capital City of Rape In the article by the Atlantic, a news reporter Sara Bernard wrote an article titled “Rape Culture in the Alaskan Wilderness.” Readers are introduced to some touching stories about rape of innocent children and women’s in the great state of Alaska, which is part of American territory. The writer Started the article by mentioning a story of a girl named Jane in the article, who was touched and raped by more than one people she new before, either one of her drunk father friend’s or elderly who she thought of as a grandfather. Rape cases often went unreported, and the statistic that showed the number of raped cases is unreliable, because most of victims prefer silence.…
The living conditions on the reservations are often referenced to third world country. In 2011, the native’s suicide rate is 1.5 times greater than the general population. Suicide is there second cause of death. As a national average the native American’s child abuse is two times greater, however, rape incidence with women is two in a half likely than national average. Even though, alcoholism is within the youth, gang membership controls the youth as well.…
Intro The emergence of indigenous courts captures the general public’s attention. Not only deploying innovative practices of justice, it acknowledges the devastating and enduring effects that indigenous people suffer since the period of colonization. Indigenous people continue to be disproportionately disadvantaged in the society. Since the early 90s, nations such as Australia and Canada begin to be more aware of the difficulties that indigenous people have confronted such as the effects of colonization, racism and overrepresentation in the Criminal Justice System.…
When you’re taught in class about the Native Americans, you’re taught the negative side of them, such as they were alcoholics, they were very violent and they didn’t want to leave when we “earned” our land peacefully. That wasn’t the real issue at hand. Lakota Woman, written by Mary Crow Dog, describes Sioux traditions, painful Indian history and the Indian’s constant battle to win equality in America. Mary Crow Dog uses her personal experiences to give an Indian perspective on these issues. By using first hand experiences, Mary helps to give the book credibility.…
Discussing violence against native women, one is going to hear the statistic of one in every three native women gets raped (Sarah deer). Beyond this statement…