Citation

Peak K. J. Crim. Justice 1989; 17(5): 393-407.

Copyright

(Copyright © 1989, Elsevier Publishing)

DOI

10.1016/0047-2352(89)90049-4

PMID

unavailable

Abstract

A historical analysis is presented of the American Indian criminal justice system, in the broader context of federal policy and case law that evolved for dealing with the 'Indian problem.' Specifically, the evolution of Indian police, courts, and corrections subsystems is delineated, including analysis of the myriad social problems that have plagued Indians, criminal justice practitioners, and federal policymakers for centuries. The philosophical struggle between the traditional methods of Indian “justice” and the Americanized system, as imposed by the majority group, is also analyzed. It is concluded that federal paternalism and vacillating policy decisions led to slavery, genocide, cultural conflict, and an Indian justice system that has been largely neglected since its inception.