The System of Justice of the Cherokee Nation - Coursework Example

The System of Justice of the Cherokee Nation The Cherokee people were one of the first Native Tribes to acquire a written language and as such they have also been progressive in their approach towards government and the system of justice. Since the early 19th century, the Cherokee have had a constitution, Supreme Court, and a system of government based on European ideas. Today, The Cherokee Nation is the governmental body that is officially recognized by the US government. With the capital located in the W.W. Keeler Complex near Tahlequah, Oklahoma, the tribe has full sovereign status as granted by treaty. The constitution of the Cherokee nation was ratified in 1976 and being similar to the US constitution it allows for three branches of government: The Executive, Legislative, and Judicial. The constitution, the comprehensive legal code, and the many governmental related services of the Cherokee Nation contribute to a justice system that operates autonomously to promote order and advancement within the boundaries of the Cherokee Nation. Though the Cherokee Nation is a sovereign entity with a complete legal system, they also work with the cooperation of federal agencies such as the Bureau of Indian Affairs (BIA) and the Federal Bureau of Investigation (FBI) to maintain order. They also have agreements with local and state governments to help insure consistency and support within both the Cherokee Nation and local governments. Indeed, there has been an ongoing policy of the US government to help insure that Cherokee law and Federal laws have a measure of conformity (Distinctive Features). However, the recent limits placed on the State Police on Indian lands has prompted the Cherokee Nation to take a greater responsibility for law enforcement within their borders and has necessitated the formation of the Cherokee Nation Marshall Service. In 1986, a ruling by the Tenth Circuit Court of Appeals ruled that "[...] Oklahoma law enforcement officers have no criminal jurisdiction "in Indian country" unless the crime is committed by a non-Indian against another non-Indian ..." (Heck, Keen, and Wilds, 26). The previous two centuries had been marked by federal reluctance to recognize sovereignty compounded by a checkerboard of overlapping federal jurisdiction. The Cherokee Nation Marshal Service is responsible for enforcement on Indian land, and though they have been in existence for over 20 years, their ranks are thin as compared to other urban and rural forces. The 2002 census reported only 11 full time officers to cover the entire population and vast land area ("Census", 10). The Cherokee Nation also shares criminal jurisdiction with various state and federal authorities through cross deputizing (Heck et al., 33). Jurisdiction is decided through a complex evaluation of whether the defendant and victim are Indian or Non-Indian and the seriousness of the crime. According to Heck et al. while, "[...] either federal or Indian law enforcement officers can make arrests for major crimes, most major crime cases are tried in federal courts" (33). However, victimless crime or minor crime where both defendant and victim are Indian, is the sole jurisdiction of the tribal courts. There may be rare exceptions to this, such as the jurisdiction for the enforcement of traffic laws where major routes are patrolled by a state police agency. The District Court of the Cherokee Nation serves all 14 counties in the jurisdiction of the tribe and handles civil and criminal proceedings. In addition, they handle some limited juvenile cases and family law issues involving deprivation and neglect ("District Court"). According to the 2002 census, the Cherokee Nation criminal court can only prosecute a case that would result in a jail term of not more than one year and a fine of less than 5,000 dollars ("Census", 2). More serious cases are sent to the federal court system for prosecution, sentencing, and incarceration. The Cherokee Nation operates a detention and holding center for short-term sentences only. The Cherokee Judicial system was sent into crisis beginning in 1995 with the controversial election and subsequent corrupt administration of Principle Chief Joe Byrd. After a protested election, Byrd was accused of embezzling millions of dollars in money and property from the Cherokee tribe. He continued to defy the courts with threats of violence and by firing the entire Marshall Service in 1997 (Heck et al., 38). The loyalty of the Marshal Service to the Cherokee people can be demonstrated by their next actions. Many of the Marshals continued to perform their regular duties even though they were not getting paid (Heck et al., 38). Byrd fired the court, the prosecutors, and the tribunal. He then boarded up the courthouse where it remained shut until the BIA reached an agreement with Byrd to abide by the ruling of an independent commission (Heck et al., 38). Aside from this critical period, the court has operated independently and with all due sovereign authority. In addition to the District Court, the Cherokees operate special programs and courts to deal with social issues such as substance abuse, mental health, violence against women, and delinquency prevention. Many of these programs, funded by federal grants, are aimed at prevention and are often coordinated with outside agencies. A recent federal grant made the Family Court Planning Project possible that "will educate non-Indian agencies and court systems about the needs of Cherokee and other native youth residing in the Cherokee jurisdictional area" ("Grantee-Oklahoma"). This spirit of cooperation between tribal authorities and federal agencies is also evident in the Cherokee Heart to Heart program designed to offer comprehensive services and evaluation for abused children on the Cherokee Reservation. The program is described as a place where, "tribal and federal law enforcement, tribal child protective services, prosecution, mental health, and medical and educational agencies come together under one roof" ("Eastern Band"). This allows the complete process to take place with the coordination of all parties from investigation through prosecution of the guilty parties. At the beginning of the 19th century the Cherokee Nation was an advanced native tribe with a legal system, courts, and a constitution. For the next 150 years they would be oppressed, relocated, and neglected to a degree few other people in this country have ever endured. In spite of this, they were able to bring their knowledge of justice and government with them into the present day. They now operate a modern judicial system that parallels the US system. They have formed their own dedicated tribal police force capable of dealing with the Indian population. The US policy of attempting to control the Cherokee legal system has been replaced by a willingness to work with it. This has been important in confronting the rising crime rate on the reservation. Both parties have taken steps to confront child abuse, drug addiction, and violence. The Cherokee have been able to survive to use their constitution and their adeptness at instituting the law, to continue to progress toward a truly autonomous civil society. Works Cited "Census of Tribal Justice Agencies in Indian Country, 2002." Bureau of Justice Statistics. Dec. 2005. US Department of Justice. 1 Nov. 2006 . "District Court." Cherokee Nation Judicial Branch. 2006. Cherokee Nation Judicial Branch. 1 Nov. 2006 . "Distinctive Features of Contemporary Tribal Systems of Government." DISCovering Multicultural America (2003). Thomson Gale. 1 Nov. 2006. "Eastern Band of Cherokee Indians." Victim Services: Promising Practices for Indian Country. 2004. US Department of Justice. 1 Nov. 2006 . "Grantee-Oklahoma." Tribal Grants 2000-2006. 2006. US Department of Justice. 1 Nov. 2006 . Heck, William, Ralph Keen, and Michael Wilds. "Structuring the Cherokee Nation Justice System: The History and Function of the Cherokee Nation Marshal Service." Criminal Justice Policy Review 12.1 (2001): 26-42. Read More