Restorative justice and tribal law
Aug 13, 2009
from Restorative Justice Community blog:
...."Restorative justice” as used here is distinct from the term as commonly understood and applied. The traditional concept is distinct, also, from how the term is used in the Navajo Nation Code. Whereas the term in the American justice system has become greatly simplified and come to mean non-convictions, no jail and no fines, restorative justice in traditional Indian justice is used in the literal sense, to “restore” in conformity with justice principles. Wrongdoers, those who are harmed, and their affected communities are engaged in search of solutions that promote repair and rebuilding. Convictions, detention, and penalties in support of personal responsibility and community safety are not excluded....
In Navajo, there is a term, ná bináhaazláo which means providing parties with a sense of completeness or comprehensiveness. It also means fairness and doing whatever is necessary in coming to a comprehensive solution. The tribal courts are charged with ná bináhaazláo through restorative justice. In Hopi, the offender’s accountability – QaHopit qa’antipu’at – and bringing the offender back into the community – QaHopit ahoy kiimmi pavnaya -- are deep-rooted justice principles.
This means there is a circle of responsibilities, beginning with law enforcement and prosecution, the judiciary being responsible for accountability and bringing the offender back into the community through sentencing, and probation and parole services ensuring that the judiciary’s conditions are fulfilled. These components integrate and coordinate with mental health, social service, behavioral health professionals and traditional counselors where necessary; given the very high rate of alcohol and substance abuse disorders implicated in Indian Country crime, integration is needed in almost all instances.....
