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14 J. Contemp. Crim. Just. 3 (1998)

handle is hein.journals/jccj14 and id is 1 raw text is: 




EDITORIAL COMMENT


   One of the first questions that a guest editor must ask of himself or herself
is Why is it important to have a special issue on a particular subject? In this
case, my answer to myself centered on the issue of self-determination within
the criminal justice system for indigenous peoples. Self-determination for
indigenous peoples is important because, in general terms, it has a direct
effect on the type and method of social control that is exercised: the effective
delivery of services, the economy of Native American communities, and the
self-image of the people. More  specifically, self-determination has been
reported to have direct affect on the high incarceration rates among indige-
nous peoples, on legal rights of indigenous peoples, and on the waste of
human  potential.
   With  the colonization of the Americas  by  Europeans,  the right to
self-determination by the indigenous people was  lost. In this case, self-
determination can refer to many different things depending on the tribe, the
chronological time, and/or other circumstances. This means that one simple
definition of self-determination is not possible; however, a general statement,
that self-determination is the basic right to make decisions about life and
community,  would be mostly accurate.
   The American   criminal justice system by its very nature is a complex
grouping of interrelated organizations that at times confounds the foreign and
sometimes  even the local researcher. When this complex system is superim-
posed on a different culture such as that of Native Americans, the complexity
of the issues increases manyfold. Issues of policing, courts, juvenile prob-
lems, organizational structure, and many others are all complicated by the
issues of Native self-determination and cultural independence. The articles
in this issue address a small selection of issues facing Native Americans.
   Most of the questions raised and to some extent addressed in this volume
focus on some  level of self-determination. In the article A Comparison of
Canadian  Native Youth  Justice Committees and  Navajo Peacemakers:  A
Summary   of Research Results, Marianne 0. Nielsen explores the impact of
colonial processes on the social organization of two initiatives: the Aboriginal
Youth Committees  in Canada and the Peacemakers of the Navajo Nation. In
both of these initiatives, a return to traditional methods of social control is
advocated. Yet, this movement is not without obstacles and challenges. As

Journal of Contemporary Criminal Justice, Vol. 14 No. 1, February 1998 3-5
@ 1998 Sage Publications, Inc.
                                   3


from the SAGE Social Science Collections. All Rights Reserved.

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