Sample Essay on:
Traditional Restorative Justice in Domestic Abuse

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Essay / Research Paper Abstract

This 3 page paper explores the Navajo Peacemaking process by contrasting it with the more adversarial Anglo Saxon approach. Bibliography lists 1 source.

Page Count:

3 pages (~225 words per page)

File: AM2_PPnaDisputeRes.rtf

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to resolve the problem. In traditional Native American culture, in contrast, a different approach is now being emphasized more and more frequently. That approach is one that is rooted in the traditional cultures of these peoples. Consider, for example, the Peacemaking process being employed by the Navajo Nation. The differences in the traditional Restorative Justice of traditional native peoples like the Navajo and that characterized by mainstream criminal justice often fuel the fires of controversy. Under the Navajo Peacemaking approach the intent is to teach people "how to live a better life" (Coker, 2006, p. 67). Few non-Natives, however, appreciate the fact that domestic abuse is something that can be more effectively addressed without separating the abuser and his victim and without imposing criminal penalties. The intent of this paper is to weigh out the pros and the cons of traditional restorative justice as more and more tribal nations are attempting to return to that method of dispute resolution and to rid themselves of the more adversarial Anglo-American model of dispute resolution. In cases of domestic abuse the typical approach has been to separate the abuser and his victim and to impose criminal penalties for the abuse. In too many cases involving traditional native peoples, however, this also means that the victim is separated from the very resources that she needs to depend on to resolve her problems. Restorative Justice, in a traditional Native American sense, emphasizes peacemaking. It does not focus solely on imposing punishment for the abuse and a disruption of the batterers control of his victim; it also emphasizes an increase in the victims access to the material and social resources that she needs to better her situation. At the same time this ...

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