The challenges of prisoner reentry faced by Native American returning offenders

This article examines the economic, social, and cultural challenges American Indian¹1. We recognize there are no universally accepted or accurate labels for the Indigenous Peoples of North America. Although individual tribal names are preferred, we have chosen to use the term American Indian or Native American to represent the collective population that is present within this study.View all notes inmates face as they reintegrate back into a rural reservation community. Utilizing surveys, focus groups, and in-depth interviews with a variety of stakeholder groups, including community corrections, law enforcement, treatment providers, and tribal leaders, this research explores the reentry challenges faced by Native American returning offenders. Findings indicated that although similarities exist with other reentry populations, especially other minority groups, several unique challenges appear. The possible policy implications of these findings for the reentry process are also discussed.     

The postmortem fate of Pat Gregory: a disinterred Native American

In late June 1990, the Mono County Sheriffs Department in Bridgeport, CA contacted the Physical Anthropology Human Identification Laboratory (PAHIL) at California State University, Chico to seek assistance in the identification of a recently discovered skull. To assist with possible identification, the cranium received a classic physical anthropological/morphological analysis to suggest the decedent's sex, age at death, ancestral affiliation, and uniqueness. It was concluded the cranium was that of an older male, and someone with mixed ancestry, probably Native American/White. Suggested uniquenesses were an eroded and greasy texture, with adhering white sand, evidence of healed antemortem nasal fractures, and a bifid left occipital condyle. The cranium was confiscated from a man suspected of vandalizing a Native American cemetery just south of the community of Lee Vining. The cemetery was established in the mid-1800's by local Native American tribes. Although ownership of the land was disputed by the US Forest Service (the Inyo National Forest), and the Los Angeles Department of Water and Power (LADWP), county authorities claimed that because the incident involved the desecration of a cemetery and human remains, it was a legal issue, and therefore, the Sheriff's Department had jurisdiction over the case if not the land. The suspect pled guilty to the possession of Native American remains but claimed not to have desecrated a grave. Over the next year and a half, members of the Native American community representing various tribes sought the return of the cranium, while also seeking assurance that it belonged to the vandalized grave. While county, US Forest Service, and LADWP officials continued to argue over whom had jurisdiction of the remains the superior court judge ordered the county to pay for any analysis necessary to determine if the cranium belonged to the decedent in question. This report addresses the conclusions of that analysis and the disposition of the case. Furthermore, the report addresses the forensic value to Native Americans of the continued study of a wide variety of human skeletal remains.     

The Greenbook and the Overrepresentation of African American,Hispanic, and Native American Families in the Child Welfare System

Effective Intervention in Domestic Violence & Child Maltreatment Cases: Guidelines for Policy and Practice (the Greenbook) provided a valuable framework for child welfare agencies, domestic violence agencies, and the courts to work together to address the co‐occurrence in families of child maltreatment and domestic violence. It did not specifically address the overrepresentation of families of color in the child welfare system or the disparity of outcomes for these families. Yet the Greenbook’s approach to systems change can be used as a foundation to implement strategies to reduce overrepresentation and to improve safety, permanency, and stability for children and families.     

The Distinctive Characteristics and Needs of Domestic Violence Victims in a Native American Community

The objectives of the research described in this paper were to describe specific features of Native American domestic violence (DV), and identify the needs and barriers to service delivery for American Indians experiencing DV. Qualitative methods of data collection were used in this research. The results suggest that DV in Native American communities may be distinct in a number of ways. The cause of Native American DV may be anchored in historic trauma, poverty, alcohol and drugs, and rural isolation. Cultural and economic features of Native American DV are discussed. The complexity of DV in the Native American community, its association with a number of co-morbid problems, suggests a multi-modal intervention approach and collaboration among a variety of professionals.     

A Culturally Informed Developmental Approach to Understanding Risk and Resiliency Among Native American Youth

Abstract

An increasing amount of resources is being allocated by governmental agencies to the study of offending and related social problems among Native Americans. While experienced scholars are well aware of the special challenges and unique opportunities of carrying out research with Native Americans, expanding resources will likely attract others with less experience in this area. This paper provides some suggestions for undertaking extensive research projects on risk and resiliency with Native Americans, including methodological issues and a call for a culturally informed developmental approach.     

Cultural Challenges to Biotechnology: Native American Genetic Resources and the Concept of Cultural Harm

This article examines the intercultural context of issues related to genetic research on Native peoples. In particular, the article probes the disconnect between Western and indigenous concepts of property, ownership, and privacy, and examines the harms to Native peoples that may arise from unauthorized uses of blood and tissue samples or the information derived from such samples. The article concludes that existing legal and ethical frameworks are inadequate to address Native peoples' rights to their genetic resources and suggests an intercultural framework for accommodation based on theories of intergroup equality and fundamental human rights.     

Exploring the validity of the Level of Service Inventory-Revised with Native American offenders

The use of actuarial risk/need assessment tools is an increasingly important part of the correctional landscape. Actuarial tools ideally will provide a valid, dynamic assessment of an offender's overall risk/need level, and will identify their most prevalent criminogenic needs. What results is typically a number or score that can be used to assign an offender to a risk level that is associated with an assumed likelihood of recidivism. Testing the predictive validity of actuarial risk/need assessment tools is of paramount concern, particularly when they are utilized with new (and under-researched) populations. The current study assessed the predictive validity of the Level of Service Inventory-Revised using a sample of Native American and White offenders in a northern midwestern state. Results showed the instrument to have modest predictive validity utilizing the entire sample of offenders, with varying results for subsequent subgroups.     

Law and the Protection of Cultural Communities: the Case of Native American Fishing Rights

This essay explores the Salish peoples' quest for protection of traditional culture through the legal protection of traditional fishing practices. Through a history of political confrontation, the politically symbolic and culturally significant issue of fishing rights came before the courts. In one case, the courts came to recognize the cultural import of traditional fishing and made provisions for enhanced fishing opportunities based on treaty rights. Paradoxically, implementation of the decision exacerbated internal divisions in Salish society and the integrity of the cultural community continues to disintegrate at an accelerated pace.     

Native American Youth Gangs

ABSTRACT

The number of Native American youth gangs has increased dramatically since the 1990s. These gangs bring increases in crime and pose unique challenges to tribal leaders and local police departments. Using an integrated theoretical perspective, this article connects cultural and historical factors to explain the emergence of gangs in Indian country, identify risk factors for gang involvement, and outline important considerations for effective prevention and intervention strategies. It is expected that an improved understanding of Native American culture and experiences combined with the implementation of culturally-appropriate prevention and intervention programs will lead to more positive outcomes.     

Taxation and trusts

It really is necessary that people, resident and taxable inEngland, should die earlier. Long life is an anti-social activity.It denies the government taxation to which it feels it is trulydue. Early deaths, particularly amongst the wealthy, are necessary:it is the patriotic duty of those with wealth to shuffle offtheir mortal coil as soon as possible and to allow the governmentas much inheritance tax as possible. Ghoulish though this mayseem, it is clearly a view of the current British Government. Why do we say this? The Paymaster General, in explaining thenew rules for inheritance tax treatment of settlements, justifiedher policy in the term ‘Because trusts do not die,     

本土法与外来法:美国的经验

美国法的历史经历了从无到有,从继受外来法到形成发展美国本土法 的漫长过程。这一过程是有机的、渐进的、不可任意割裂。１７世纪早期殖民地的法 制状况具有多元化与创新性相结合的特点。１８世纪殖民地大规模、全面系统地继受 英国法。独立战争至１９世纪中叶美国本土法形成。在移植外来法、形成本土法的过 程中,美国人重视法律本土资源,坚持可适用性原则。在法律移植过程中,最先被本 土化的是初级规划,次级规划则较晚被本土化。     

Native American Identity and the Limits of Cultural Defence

This article concerns itself with the phenomenon of the cultural defence as it exhibits itself in the US juridical context. Recent socio-legal discussions about this phenomenon reveal three prevalent positions: the illegality of cultural defence on constitutional grounds, the necessity of cultural defence as a matter of discretionary justice, and the intermediary position of working cultural defence into a legal doctrine. By problematizing the operative concept of culture, the author suggests that the idea of cultural defence should be understood in terms of foreignness. This suggestion is supported on the basis of the phenomenological theory of the alien (xenology). In order to illustrate the juridical limits of the cultural defence I examine the history of constructing the Native American as a cultural legal subject. Hence the question that primes this examination: is there a possibility of the traditional cultural defence for the American Indians? After a provisional answer that there is no such possibility, I conclude with the discussion of hospitality as a way to an ethically necessary and legally acceptable idea of culture.     

Genetic differentiation between and within Northern Native American language groups: an argument for the expansion of the Native American CODIS database

The National Research Council recommends that genetic differentiation among subgroups of ethnic samples be lower than 3% of the total genetic differentiation within the ethnic sample to be used for estimating reliable random match probabilities for forensic use. Native American samples in the United States’ Combined DNA Index System (CODIS) database represent four language families: Algonquian, Na-Dene, Eskimo-Aleut, and Salishan. However, a minimum of 27 Native American language families exists in the US, not including language isolates. Our goal was to ascertain whether genetic differences are correlated with language groupings and, if so, whether additional language families would provide a more accurate representation of current genetic diversity among tribal populations. The 21 short tandem repeat (STR) loci included in the Globalfiler® PCR Amplification Kit were used to characterize six indigenous language families, including three of the four represented in the CODIS database (i.e. Algonquian, Na-Dene, and Eskimo-Aleut), and two language isolates (Miwok and Seri) using major population genetic diversity metrics such as F statistics and Bayesian clustering analysis of genotype frequencies. Most of the genetic variation (97%) was found to be within language families instead of among them (3%). In contrast, when only the three of the four language families represented in both the CODIS database and the present study were considered, 4% of the genetic variation occurred among the language groups. Bayesian clustering resulted in a maximum posterior probability indicating three genetically distinct groups among the eight language families and isolates: (1) Eskimo, (2) Seri, and (3) all other language groups and isolates, thus confirming genetic subdivision among subgroups of the CODIS Native American database. This genetic structure indicates the need for an increased number of Native American populations based on language affiliation in the CODIS database as well as more robust sample sets for those language families.Supplemental data for this article is available online at https://doi.org/10.1080/20961790.2021.1963088 .     

Risk factors for physical assault and rape among six Native American tribes

Prevalence and correlates of adult physical assault and rape in six Native American tribes are presented (N = 1,368). Among women, 45% reported being physically assaulted and 14% were raped since age 18 years. For men, figures were 36% and 2%, respectively. Demographic characteristics, adverse childhood experiences, adulthood alcohol dependence, and cultural and regional variables were assessed. Using logistic regression, predictors of physical assault among women were marital status, an alcoholic parent, childhood maltreatment, and lifetime alcohol dependence. Predictors of sexual assault among women were marital status, childhood maltreatment, and lifetime alcohol dependence. Among men, only childhood maltreatment and lifetime alcohol dependence predicted being physically assaulted. Tribal differences existed in rates of physical assault (both sexes) and rape (women only). The results underscore the problem of violence victimization among Native Americans and point to certain environmental features that increase risk of adulthood physical and sexual assault. Implications for tribe-specific interventions are discussed.     

Ontogeny of femur subtrochanteric shape in Native Americans and American Blacks and Whites

Femur subtrochanteric size and shape can be used to differentiate between adult Native Americans and American Blacks and Whites, but little is known about when shape differences are established during growth and development. Ontological changes in subtrochanteric shape were examined using 74 Native American and 61 American Black/White subadult femora. At birth, the proximal femur diaphysis is relatively circular in both groups. Between birth and 5 years, the diaphysis becomes more mediolaterally broad, especially in Native Americans, due to differential growth between the mediolateral and anteroposterior planes. This change may be due to biomechanical stresses associated with developing a mature gait pattern. After the age of 5, growth occurs more equally in the two planes and shape does not change significantly. The adult shape of the proximal femur is established by c. 5 years of age and can be used to discriminate between Native American and American Black/White femora in older subadults.