Restorative justice: the indigenous justice system

Abstract

Dramatically different beliefs about justice will produce dramatically different methods for achieving justice. The beliefs underlying the traditional Indigenous restorative justice systems, systems that dramatically differ from the European-based system practiced in the USA are presented. The discussion highlights the legacy of colonialism for tribal communities and the resilience and creative resistance that have continued to characterize the spirit and ingenuity of Indigenous peoples.

Keywords:

• restorative justice
• adversarial justice
• indigenous justice
• judicial inequity

Acknowledgments

Prior to submitting this article for publication, it was emailed to several tribal leaders of the Oneida Nation of Wisconsin for review. The authors appreciate the suggestions we received, all of which were incorporated into the article. One member reminded the authors that the ancient Iroquois Great Law of Peace, that grounds the principles of traditional peacemaking and influenced the writing of the US Constitution, is perhaps the most necessary and significant message for our time. Another Oneida member wrote:

Society has changed the way of life for many Indigenous Nations, and in Oneida, we feel the pains of losing family ties and such as indicated in this piece; however, as we try ourselves to heal the community, to regain our traditional ways of discipline, structure, teachings, forgiveness, changes are minimal. This, to me, is why forgiveness is such a strong word. It will make us change our current way of life, our current society, yet we struggle with how to do that collectively. Therein lies fear. But, I do see this as the backbone for restorative justice, new stuff for this generation. What hope the thoughts expressed here bring to my heart and mind. I feel like we are so close to finding this peace within ourselves and yet so far away. Maybe we have all the pieces necessary; we just haven’t processed them enough to make sense.