Preview

Protection Provided by the Judicial System

Powerful Essays
Open Document
Open Document
1853 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Protection Provided by the Judicial System
Justice is rapidly and continually slipping in Indian Country. With the rise of crimes against Native women, including rape or domestic abuse, tribal jurisdiction is not granting women the justice they need. While the justice system is seen as the main reason for the absence of justice and protection for Native American women, some believe that Native women need to have roles in the justice system or the system needs to be changed. In this paper, I will analyze two articles, “Tribal Jurisdiction by Gender Parity” and “Will the Violence Against Women Act Close a Tribal Justice ‘Loophole’?”, that both have opinions on the protection of Native women. I will explain both authors’ use of rhetorical strategies they utilized to make their main points and present their central enthymeme. The authors show an overall knowledge of their argument through their sympathetic appeal, invented ethos and venue. Both authors strongly rely on their invented ethos, venue and central enthymeme to help convey their arguments to their audiences. In the web published article “Tribal Jurisdiction by Gender Parity” the author, Manuela Picq, believes that the only way protection can be given to Native women is if they are allowed to be apart of the justice system in law. Picq explains that the dramatic rise in crimes has caused native women to be “victims of widespread abuse” (par. 1) and with their access to the justice system being limited, “the justice system itself is the problem”(par. 1). With United States policies being seen as a major problem to the Native women crisis, there is a sense that nothing can be done to help protect them (Picq par. 6). Picq explains that the harsh treatment to Native women “echoes the disregard for Indigenous authority at large, from self-government to tribal sovereignty over land and resources”(par. 11). Picq then makes it clear that tribes “know that governments are the last place to seek protection” (par. 12) and that is the reason “why tribes in the

You May Also Find These Documents Helpful

  • Good Essays

    The documentary “Indians, Outlaws and Angie Debo” shows Angie Debo as a 98-year old lady, reflecting on her experiences in life. In the documentary she talks about Oklahoma´s history of depriving its five Native American tribes of their land and resources in the 1930s from the perspective of the displaced. Native Americans during this time were seen more than ever as a bounded group by the European Anglo-Americans [in the following analysis, the dominant European Anglo-American group is referred to as whites to simplify the reading]. In comparison to whites who felt superior and avowed to themselves the power to dominate the inferior race, the Native Americans were ascribed a strongly subordinated position in society and were treated in a discriminatory way by the whites.…

    • 1211 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Allen shows that the roles of women in the native past has actually put modern Indians at an advantage when it comes to living in the society that America has become today. The acceptance of multiple gender roles within one person,…

    • 398 Words
    • 2 Pages
    Good Essays
  • Better Essays

    To contrast the major arguments of The Land of Open Graves and Mohawk Interruptus, is to contrast the different experiences of two major marginalized groups within the wealthy and powerful nations of Canada and the United States. These two ethnographies highlight the discrepancy between the views of marginalization and the actual methods deployed to marginalize; however, what De León and Simpson hope to bring to attention are the forms with which each respective group resists said marginalization. Here is where the commonality is found between the two authors’ main arguments. Audra Simpson on one hand writes the entirety of Mohawk Interruptus as an ethnography of refusal. By doing so, she highlights the will of the Mohawk to resist encroachments…

    • 1536 Words
    • 7 Pages
    Better Essays
  • Good Essays

    ASSESS THE EFFECTIVENESS OF LAW REFORM IN ADDRESSING THE ISSUES AROUND NATIVE TITLE AND SEXUAL ASSAULT…

    • 530 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Ravensong Sparknotes

    • 1223 Words
    • 5 Pages

    Many years ago the colonization in Canada has made a situation and condition that violated the right of indigenous people especially indigenous women. Some of the consequences of colonizer’s act are the violence that indigenous women are still facing. When the colonizers came to Canada, they constructed first nation as uncivilized and savages, and by this attitude toward them treat them as inferior to themselves. Moreover by laws and acts like Indian Act took many of their freedom and their rights from them and forced them to restructure their family structure and live in reserves and send their children to residential school to be away from their culture and their family and become the one that is standard and normal for a European society.…

    • 1223 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Hurt, shame, humiliation, and pain. The struggle for Indigenous people is a continuous cycle of abuse and one of broken hopes and dreams. In Deborah Miranda’s tribal memoir, Bad Indians, she uses her narrative along with primary sources and related stories to reassess previous knowledge about how the lives of American Indians were affected by colonialism. Through the use of tone, point of view, and counter discourse, Miranda sheds light on how the gender-based violence and sexual abuse that accompanies colonialism, despite the notion that settlers were following Christian ideals, shaped a new Indigenous society that tore their culture apart and led to a mosaic of their broken identities. By creating a distinction between historically dominant…

    • 1169 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Ghost Dance Analysis

    • 634 Words
    • 3 Pages

    When the government constantly issues tiny borders for the Cherokee Indians, they do not take into account the reality that the Cherokee Indians don’t have anywhere to go. The land the government wants is the only home of the Indians. The government swiftly annihilates rebels and sticks to its plan to gain more land (Carnes, 1996). Although this might seem like a plan of perseverance, it is selfish, ensnares, and abuses others. The Indians have lost their kin and home because of wrong control. This piece of evidence is important because it reveals the personal desires of the government and its cruel ways to get what it wants (Carnes, 1996). This system of law keeps people powerless and dependent on the government. While the Indian’s homes are to be abandoned, they offer no solution to the problem, and depend on their leader, Sitting Bull. Sitting Bull proposes and leads an idea of peace with the Americans, but this all comes to an end when he is accidentally killed by a policeman. The Indians seek a new leader [a strange farmer], and rely on the miraculous Ghost Dance (Carnes, 1996). Their enemy views the dance as a superstitious, and then massacres all of the Indians. Because of the selfish control of the government, led by fear of the Indians and greed, the Indians have no freedom; this shows how much people shouldn’t have ultimate control over…

    • 634 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Conversely, the First Nations view of the world and more specifically the criminal justice system is vastly different. First Nations view of the world is one of community, relationships, equality, and holistic views of harmony and balance (Monchalin, 2016). Professor Leroy Little Bear stated, “[i]f the whole is maintained, then beauty, harmony, and balance result” (Monchalin, 2016, p.40). This idea of complete harmony and balance was not only for each and every human, but in every aspect in life, such as the environment and animals. With these views and values the power would not be held at the top, as well as the competitiveness and individualized mentality would not be present.…

    • 611 Words
    • 3 Pages
    Good Essays
  • Best Essays

    Navajo Peacemaking

    • 1894 Words
    • 8 Pages

    Brown’s article opens with statistical information about the Navajo Nation’s reservation size and population, its status as a sovereign nation, and system of government. The article provides a brief history and evolution of the Navajo Nation’s judicial system, clearly explaining the difference between Navajo common law and contrasts it with the more adversarial federal or state law. The Navajo Nation Tribal Council established the Navajo courts, which make up one of the three branches of tribal government. In 1982, after searching for more traditional ways to solve disputes the Peacemaker Court began. It is know referred to as the Peacemaker Division within the judicial branch of government and uses Navajo…

    • 1894 Words
    • 8 Pages
    Best Essays
  • Better Essays

    When exploring both the historical oppression of Native Americans and the race’s current challenges, historians can recognize how Indians are living with the remnants of their past. The United States growth as a nation was at the expense of Native Americans, who suffered through genocide, dislocation, and violence from the white man. The historical trauma Native Americans endured has a cumulative emotional and psychological toll, which the ethnicity experiences today. For many tribes, their history is an obstacle for prospective changes and advancement. In the future, to assist Indians in surmounting the trials and tribulations they face, American citizens must spread awareness of the challenges of life on an Indian reservation and aide the group. The United States must finally disregard the stereotypical image of Indians and instead allow Native Americans to win the battle to maintain their cultural identity and traditions. With determination and resilience, in the future, Native Americans can break through the historical barriers of oppression and enjoy financial, familial, and cultural…

    • 898 Words
    • 4 Pages
    Better Essays
  • Good Essays

    The article examines United States policies that affect Native American people, in particular their educational issues. The author connects the government assimilating of Native Americans into “main stream society” and the current issues Native American’s face such as violence and drug abuse. Cherokee people are the primary focus in the article, but even though every tribe is different, many are faced with the same problems. General information on the development and reasoning of assimilation, as well as the use of boarding schools are thoroughly explained.…

    • 1458 Words
    • 6 Pages
    Good Essays
  • Better Essays

    Native Americans and Criminal Justice Paper One Katlyn Ford Valdosta State University Native Americans and how they have been impacted from colonization and established criminal justice systems is a complex and detailed subject. How is it complex? It is complex because there are numerous different reasons and contributions to the colonization of Native Americans and how this has created criminalization for their so-called “primitive ways/ideology” some of the topics that will be addressed are how have the Euro-American society criminalized Native Americans. Additionally, a topic to be addressed is how the Native Americans view of justice differs from Euro-Americans view of justice and in what ways. The difference between the two systems…

    • 1752 Words
    • 8 Pages
    Better Essays
  • Powerful Essays

    Court Systems

    • 1067 Words
    • 5 Pages

    The U.S. Constitution is supported by a dual court system in which the power is shared between the state and the federal governments. Most criminal cases are tried in state court, whereas, federal crimes are tried in federal courts. Both courts have jurisdiction, although federal courts are limited to the cases heard. The state offers a broad capability to encompass more cases and averages 30,000,000 cases filed, whereas, the federal courts see a mere 1,000,000 cases (findlaw). State and federal governments are mutual partners in the objective to protect the rights of citizens and the Constitution.…

    • 1067 Words
    • 5 Pages
    Powerful Essays
  • Satisfactory Essays

    Native American women and disabled women have been robbed of their autonomy for centuries. Women in all cultures are treated a second class to men even in current times complete gender equality has not been achieved. Historically the dehumanization used to treat women as if they are property or objects has greatly affected women of color and disabled women more so than other demographics. The comparison of Native American women and disabled women to beast and animals dehumanized them to the point of justification of rape and to this day still leaves them as open target for abuse and assault.…

    • 444 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Women are projected as sacrificing and subservient beings; that fall as a victim against the cruelties of feudal society. They are complete strangers to the composition of panchayat system and hardly ever make an impact on the panchayat decisions by the virtue of their powers of persuasion and influence. They receive punishment without even participating; the male members of their family symbolically represent their cases. Women are commoditized into instruments of executing ‘justice’ for violation of both the formal law and of culturally-rooted notions of morality. In tribal communities, a woman exercising her right to determine the course of her love life is viewed as anathema. And so, as long as women hand over the reins of their womanhood and sexuality to a male guardian and a broader community, no one gets killed. But when they choose to command it, they risk their…

    • 822 Words
    • 4 Pages
    Good Essays