Citation

Milward D. Wicazo Sa Rev. 2008; 23(1): 97-122.

Copyright

(Copyright © 2008, University of Minnesota Press)

DOI

10.1353/wic.2008.0003

PMID

unavailable

Abstract

This article will begin by exploring whether contrasts between restorative and punitive models of criminal justice inform an ideological struggle between Western and Indigenous approaches of criminal justice as Indigenous communities strive for greater control over criminal justice. There is a perception of such an ideological struggle because many feel that Indigenous methods of justice that resemble restorative justice can provide effective solutions to the problem of Indigenous overincarceration. The honest answer is partly yes and partly no. An unqualified yes has some merit but can also be misleading. It neglects important considerations such as Western recognitions of restorative justice, the degree of cooperation between Western criminal justice systems and Indigenous communities, that tradition may not always remain relevant in contemporary Indigenous communities, persuasive critiques against restorative justice, and significant punitive inclinations among Indigenous peoples both past and present.

This analysis is insightful, but it also offers possibilities for Indigenous control over justice. Indigenous communities may want to revive traditional modes of corporal punishment as forceful alternatives to incarceration, or integrate them into restorative resolutions. Restorative justice processes can also be structured to deal with problems of power imbalance. Both possibilities can be explored in a meaningful effort to address community safety so that Indigenous justice does not necessarily involve a lopsided emphasis on offender healing. This can also add a new dimension to dialogues between Indigenous communities and Western states. Western states have accommodated Indigenous approaches for lesser offences but have been reluctant when it comes to more serious offences.