Native-American Juvenile Justice

Paper Summary:

The paper discusses the United States' past efforts to bring about changes in the Native-American community in order to eradicate their identity and culture. The paper reveals that Native-American children have long been removed from their families for preemptive legal reasons, as a means to achieve the government's greater goal of eradicating their cultural identity. The paper reveals further that this same authority exercised by the government is seen in the juvenile justice policy today when youngsters are removed from their Native-American families in lieu of enforced foster care. The paper explains how this is the only way that society can continue to remove children from their family and Native-American communities. The paper concludes, therefore, that these communities must exercise their own preventative interventions aimed at curbing and resolving juvenile criminal behaviors.

From the Paper:

"The legal relationship between the Americans and Native Americans has long been one that ensured the European descendants of the earlier settlers had and would retain legal domain over the territory and lands originally under Native American domain. Early laws governed fishing and hunting, and by the late 19th century, the courts were upholding the States' territorial rights over land claims made by Native Americans (Johansen, 1998, p. 8). In 1884, the Supreme Court delivered its decision in the case of Elk v. Wilkins, which held that an Indian was not made a citizen by the Fourteenth Amendment of the Constitution (Johansen, 1998, p. 8). The Court held, too, that acts of Congress do not extend to Native Americans unless it specifically mentions the Native American as a group in the decision (Johansen, 1998, p. 8). The ruling made clear that the government was not looking for assimilation (Johansen, 1998, p. 8), rather eradication was the goal."

Sample of Sources Used:

• Eddy, J. M., Whaley, R. B., & Chamberlain, P. (2004). The Prevention of Violent Behavior by Chronic and Serious Male Juvenile Offenders: A 2-Year Follow-Up of a Randomized Clinical Trial. Journal of Emotional and Behavioral Disorders, 12(1), 2+. Retrieved July 13, 2008, from Questia database: http://www.questia.com/PM.qst?a=o&d=5002100481
• Jenson, J. M., & Howard, M. O. (1998). Youth Crime, Public Policy, and Practice in the Juvenile Justice System: Recent Trends and Needed Reforms. Social Work, 43(4), 324+. Retrieved July 13, 2008, from Questia database: http://www.questia.com/PM.qst?a=o&d=5001358608
• Johansen, B. E. (Ed.). (1998). The Encyclopedia of Native American Legal Tradition. Westport, CT: Greenwood Press. Retrieved July 13, 2008, from Questia database: http://www.questia.com/PM.qst?a=o&d=101503805
• Nielsen, M. O. & Silverman, R. A. (Eds.). (1996). Native Americans, Crime, and Justice. Boulder, CO: Westview Press. Retrieved July 13, 2008, from Questia database: http://www.questia.com/PM.qst?a=o&d=91858653

More papers on Native-American Juvenile Justice:

• Term Paper # 150162 : "Juvenile Justice and Native American Children"
• Essay # 19171 : "American Juvenile Justice System in Crisis"
• Analytical Essay # 6978 : "Juvenile Justice System"

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