Restorative justice practices, which involve reconciling the parties involved, repairing the harm caused by criminal behavior, and addressing the needs of all stakeholders, have been implemented in tribal communities with notable success. These practices encompass a range of interventions, including mediation, healing circles, and community service, aimed at facilitating the rehabilitation and reintegration of offenders. The goal is to ensure that individuals are held accountable for their actions and provided with the necessary support to successfully reintegrate into their tribal community, fostering a sense of healing and wholeness for all involved. Restorative justice practices have been chosen as the preferred approach in tribal communities due to the emphasis on bringing tribal members together and promoting respectful interactions. This emphasis on community involvement is a key aspect of these practices, as it ensures that all members are part of the healing process, making them feel included and valued.
In the Navajo Nation, the tribal community has embraced the Peacemaking Process, an integral part of the Navajo justice system that focuses on restorative justice and community involvement in resolving conflicts. This process reflects the Navajo response to crime, emphasizing restoration rather than retribution. The Peacemaking Process, described by The Honorable Chief Justice Emeritus of the Navajo Nation Supreme Court, Robert Yazzie, is the traditional Navajo response to crime. The peacemaking process is a restorative justice approach that focuses on bringing together the offender and the victim to reach a resolution. The Navajo peacemaking process involves facilitating a meeting between the two parties where the offender can understand the impact of their actions and acknowledge any wrongdoing. This process aims to promote healing and understanding within the community, offering a chance for the offender to take responsibility for their behavior and work towards making amends. The peacemaking process is centered around the principle of respect and aims to facilitate positive change in offenders. This approach involves a thorough examination of the circumstances surrounding a crime or a particular situation, with an emphasis on understanding the root causes. Rather than focusing solely on punitive measures, the peacemaking process prioritizes promoting healing and restoration. Notably, this process has demonstrated effectiveness in cases involving child custody or child support, as attested by The Honorable Chief Justice Emeritus of the Navajo Nation Supreme Court, Robert Yazzie. According to Mirsky (2004), “Yazzie believes peacemaking can be used with any case, even the most heinous type of crime. “I look at the criminal justice system as a system that stands on its own,” he said. “And then I see peacemaking stand on its own. We tell people that both are created from different ingredients, that peacemaking should remain as pure as pure can be and to try not to bring any practice or procedures from the criminal justice system into peacemaking.” (Mirsky, 2004, para. 22).
Healing to Wellness courts represent an alternative approach tribal communities implement to address justice-related concerns. These specialized courts integrate traditional cultural practices and restorative justice principles to foster healing and well-being within the community. Healing to wellness courts serve as specialized judicial forums within Native communities, offering a holistic approach to addressing alcohol and drug usage. These courts aim to provide support for individuals struggling with substance abuse issues while also holding them accountable for their actions. By incorporating traditional healing methods, counseling, and community involvement, healing to wellness courts strive to promote rehabilitation and restore the well-being of those affected by addiction. Healing to wellness courts offer vital services, including comprehensive supervision, drug testing, treatment programs, immediate sanctions, incentives, team-based case management, and community support. These elements work together to ensure the success of the individuals involved. It has been crucial for tribal nations to establish processes that enable health and wellness courts to operate in a manner that respects and incorporates their unique culture, traditions, practices, and long-term vision for the community. It involves developing court frameworks and procedures that are guided by and reflective of the values and customs of the specific tribal nation, ensuring that the justice system is sensitive to the needs and perspectives of the community it serves.
Other restorative justice practices encompass a range of approaches, including the community holistic circle healing process. This unique approach originates in the Hollow Water First Nation in Manitoba, Canada. It involves a comprehensive response to the crime, emphasizing the participation of both the victim and the offender. Additionally, criminal justice personnel may be engaged in the process, and the wider community also holds the right to be involved. The community holistic circle healing process provides both the victim and the offender an opportunity to embark on a journey toward healing and restoration. It is designed to yield a beneficial outcome for all parties involved. This process delves into identifying the underlying causes of the committed crime, allowing for a comprehensive understanding of the factors contributing to the offense. Notably, the process can only proceed if the victim consents to it and the offender takes responsibility for their actions. Comprising thirteen steps, the holistic circle healing process encompasses many elements, including mediation, acceptance, protection, agreement, and healing. Each step is carefully tailored to guide the participants through a structured path to reconciliation, understanding, and healing.
In conclusion, the following practices have been used to preserve tribal customs and involve the community. They have helped build trust and remained grounded in cultural values and traditions. They take a holistic approach to comprehending the reasons behind crimes like substance abuse or trauma. While these practices have shown success, it’s important to note that they may be effective for specific tribal communities and not necessarily for others.
References:
Buller, E. (2005). Aboriginal Community Healing Processes in Canada. Aboriginal Corrections Policy Unit Public Safety and Emergency Preparedness Canada. https://iirp.edu/images/pdf/man05/man05_buller.pdf
Mirsky, L. (2004). Restorative Justice Practices of Native American, First Nation and Other Indigenous People of North America: Part One. International Institute for Restorative Practices. https://www.iirp.edu/news/restorative-justice-practices-of-native-american-first-nation- and-other-indigenous-people-of-north-america-part-one
Tribal Law and Policy Institute. (n.d.). Tribal Healing to Wellness Courts. U.S. Department of Justice. https://www.ojp.gov/pdffiles1/bja/188154.pdf
