Tribal Courts System

Leonie B.

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Tribal Courts System

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Themes

Tribal courts, justice practices, impact, criminal offense, restorative justice, tribal communities, strategy

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Abstract

First, there are no predefined rules in the Tribal court system. Instead, the rules are made at the same time, depending on the trial and the case. This makes it possible to adapt each sentence to each offender, so as to rehabilitate them with something that suits them, since prison is not for everyone, for example, and can even make things worse in some cases.

What are some of the unique aspects of the Tribal Courts that differ from the more traditional court system?
In what ways would you say this court is using "restorative justice" practices?
Why do you think the tribal communities in the documentary were so invested in restorative justice?
How useful do you find this strategy?

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[...] How useful do you find this strategy? Do you think this model could become more widely popular in the US? Why or why not? I find this approach very interesting, as everyone is different and needs different things. Punishments need to be adapted to each person with a restorative aim, and maybe some will need to face prison to understand what they've done, but others will simply need to talk and be listened to. I think it would be difficult to set up such a system on a large scale today. [...]

[...] Tribal Courts System 1. What are some of the unique aspects of the Tribal Courts that differ from the more traditional court system? First of all, the Tribal Court seems more familiar, more attentive. Indeed, the judge takes the time to discuss the rehabilitation process with the accused or the criminal, whereas in the traditional court system, everything seems much more expeditious and less specific. Indeed, judges don't take the time to discuss the case with the accused before handing down their verdict. [...]

[...] Why do you think the tribal communities in the documentary were so invested in restorative justice? I think the tribal communities are so invested in restorative justice because they want to preserve their communities. Indeed, the traditional legal system focuses on rehabilitating victims and ex-felons, but in these tribes what's also important is restoring the community, the tribe. Indeed, when young people from these communities are imprisoned and taken off the reserves, they come back wounded because the justice was not aimed at restoration, and then wound the other children in the community. [...]

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