Purpose of Tribal Action Plan Against Alcohol and Substance Abuse

The TAP provides an opportunity for Federally Recognized Tribes to take a proactive role in the fight against alcohol and substance abuse in their communities by:

• Identifying existing strengths and resources that has helped the Tribe overcome past challenges;

• Assessing their needs and resources relative to alcoholism, addiction, and substance abuse prevention and treatment activities;

• Coordinating available resources and programs in an effort to combat alcohol and substance abuse among its members;

• Identifying gaps in services;

• Working with the community to identify urgent or emerging addiction issues;

• Assisting in the development of a comprehensive strategy to prevent and reduce alcoholism, addiction, and alcohol and substance abuse in the community;

• Updating TAP’s every two years;

• Establishing a Tribal Coordinating Committee at the local level.

The Federal agencies will support communities in developing tribal action plans by:

• Communicating, coordinating, and cooperating fully with Tribes for the purpose of assisting in the development and implementation of the TAP and providing ongoing support (i.e., technical assistance, training, and guidance)

• Assisting Tribes in identifying, coordinating existing, and searching for available resources and services to support and help sustain the development and implementation of TAP;

• Entering into an agreement with the Tribe for the implementation of the tribal action plan,

• Developing an inventory of resources in Indian Country;

• Analyzing the questions and requests for further information received from the Tribes;

• Developing a response to the tribal action plan.

Developing and maintaining a system of close and continuous communication with Tribes to
identify available resources to maximize the benefits of intervention strategies and services to
Tribes;

Facilitating and supporting Tribes in providing specific training and technical assistance to
multidisciplinary and multi-agency members, allied experts and community members who
are key to the efforts and programs in the TAP.

Recent Post

The Need For Tribal Justice

Tribal justice refers to the system of dispensing justice to the tribal group. On many occasions, we can see that tribal people are often met out injustice as they belong to a class of lesser privileged people. However, owing to the laws of equality, which states that all men are equal in the eyes of law, it is absolutely mandatory that tribal justice be met… more

Tribal Court Assistance Program

BJA’s Tribal Courts Assistance Program (TCAP) is one of the U.S. Department of  Justice’s primary initiatives for providing court-related support to tribal justice systems. Since fiscal year (FY) 1999, BJA has awarded 259 grants to federally recognized American Indian and Alaska Native communities through a highly competitive process. TCAP’s goal is to develop new tribal courts, improve the operations of existing tribal courts, and provide… more

Purpose of Tribal Action Plan Against Alcohol and Substance Abuse

The TAP provides an opportunity for Federally Recognized Tribes to take a proactive role in the fight against alcohol and substance abuse in their communities by:

• Identifying existing strengths and resources that has helped the Tribe overcome past challenges;

• Assessing their needs and resources relative to alcoholism, addiction, and substance abuse prevention and treatment activities;

• Coordinating available resources and programs in an effort to combat alcohol and substance abuse among its members;

• Identifying gaps in services;

• Working with the community to identify urgent or emerging addiction issues;

• Assisting in the development of a comprehensive strategy to prevent and reduce alcoholism, addiction, and alcohol and substance abuse in the community;

• Updating TAP’s every two years;

• Establishing a Tribal Coordinating Committee at the local level.

The Federal agencies will support communities in developing tribal action plans by:

• Communicating, coordinating, and cooperating fully with Tribes for the purpose of assisting in the development and implementation of the TAP and providing ongoing support (i.e., technical assistance, training, and guidance)

• Assisting Tribes in identifying, coordinating existing, and searching for available resources and services to support and help sustain the development and implementation of TAP;

• Entering into an agreement with the Tribe for the implementation of the tribal action plan,

• Developing an inventory of resources in Indian Country;

• Analyzing the questions and requests for further information received from the Tribes;

• Developing a response to the tribal action plan.

Developing and maintaining a system of close and continuous communication with Tribes to
identify available resources to maximize the benefits of intervention strategies and services to
Tribes;

Facilitating and supporting Tribes in providing specific training and technical assistance to
multidisciplinary and multi-agency members, allied experts and community members who
are key to the efforts and programs in the TAP.

Recent Post

The Need For Tribal Justice

Tribal justice refers to the system of dispensing justice to the tribal group. On many occasions, we can see that tribal people are often met out injustice as they belong to a class of lesser privileged people. However, owing to the laws of equality, which states that all men are equal in the eyes of law, it is absolutely mandatory that tribal justice be met… more

Tribal Court Assistance Program

BJA’s Tribal Courts Assistance Program (TCAP) is one of the U.S. Department of  Justice’s primary initiatives for providing court-related support to tribal justice systems. Since fiscal year (FY) 1999, BJA has awarded 259 grants to federally recognized American Indian and Alaska Native communities through a highly competitive process. TCAP’s goal is to develop new tribal courts, improve the operations of existing tribal courts, and provide… more

Indian County Investigations and Prosecutions Report

On May 30 2013, the Congress received the United States Department of Justice’s report on Indian County Investigations and Prosecutions. The 2010 tribal Law and Order Act have a range of enforcements and this report provided the statistics of the tribal justice. Since the fiscal year of 2009 there is a significant 54 present increase in criminal prosecutions in Indian County, which are very positive.
The U.S. Attorneys have all across the country focused heavily on the fighting of crime in Indian Country and made a positive effort to reinforce and strengthen the bond between tribal justice and federal law enforcement. This strengthens the faith of tribal people and U.S. citizens’ faith in the criminal justice system of the United States.
Continued work and even more effort are promised with tribal people in order to ensure them a sustainable, healthy and safe community in the Alaskan Native and American Indian communities. Public safeties in communities are the commitment of the U.S. with the clear prosecution strategies used in curbing Indian Country crime.
The report proved the following results:
• New era in partnerships between Tribal people and the federal government and U.S. citizen of non-tribal communities. Safeties of communities are the commitment and relate to all tribal and federal, personnel, prosecutors, investigators and judges.
• Common reasons why investigations were not referred to federal courts were either insufficient evidence to prove criminal acts or natural deaths, suicides or accidents.
• Declinations of cases from tribal justice were insufficient evidence of referrals to alternative prosecution authorities.
• During 2011 37 present of cases from Indian Country were declined by the United States Federal Court and during the year 2012 31 present were declined by the United States for reasons stated above.
• Overall a substantial amount was prosecuted and only 965 out of 3, 145 was declined for reasons also stated in the above.

Recent Post

The Need For Tribal Justice

Tribal justice refers to the system of dispensing justice to the tribal group. On many occasions, we can see that tribal people are often met out injustice as they belong to a class of lesser privileged people. However, owing to the laws of equality, which states that all men are equal in the eyes of law, it is absolutely mandatory that tribal justice be met… more

Tribal Court Assistance Program

BJA’s Tribal Courts Assistance Program (TCAP) is one of the U.S. Department of  Justice’s primary initiatives for providing court-related support to tribal justice systems. Since fiscal year (FY) 1999, BJA has awarded 259 grants to federally recognized American Indian and Alaska Native communities through a highly competitive process. TCAP’s goal is to develop new tribal courts, improve the operations of existing tribal courts, and provide… more

Indigenous Justice Systems

Dual justice systems exist in several contemporary tribal communities. These tribal justice systems of the tribal people are based on indigenous paradigm and American paradigm. American paradigm’s roots stem from European world views and based on retributive philosophy that’s punitive, adversarial, and hierarchical and guided by written rules, guidelines, and procedures and codified laws. It is an upward vertical power structure and decision making is limited to few people. This philosophy upholds that a criminal should suffer, because the victim suffered. It is premised on notions that a criminal is wicked and responsible for wrong actions and punishments are deserved. Offenders are reconciled with communities in the payment of debt to society, victims are appeased and society has had its revenge. American paradigm applies law through adversarial systems, placing two parties in courtrooms and hereby determines defendants in a case’s innocence or guilt and a winner will be declared.
Indigenous justice paradigm uses holistic philosophy and North American’s aboriginal tribal people’s world view. These systems guided by traditions, practices and unwritten customary laws and learned through example and oral teachings to tribal people by the elders in a tribe. Holistic philosophy connects everybody involved in the crime or conflict and for harmony and peace within a community. The laws are based on reparative and restorative justice and basic principles of healing and the focus lies on the victim of a crime. The victim’s spiritual, mental, emotional and physical well-being and the goal are to renew and heal the victim. The offender also has to perform deliberate acts in regaining trust and dignity and return to a healthy mental, physical and spiritual state. Offender must ask forgiveness, engage in acts that will demonstrate the apology to the victim and the community, make restitution and amends. Offenders will remain an integral part of a tribal community and crimes is handled and seen as human error which require corrective intervention by elders, tribal leaders and families.

Recent Post

The Need For Tribal Justice

Tribal justice refers to the system of dispensing justice to the tribal group. On many occasions, we can see that tribal people are often met out injustice as they belong to a class of lesser privileged people. However, owing to the laws of equality, which states that all men are equal in the eyes of law, it is absolutely mandatory that tribal justice be met… more

Tribal Court Assistance Program

BJA’s Tribal Courts Assistance Program (TCAP) is one of the U.S. Department of  Justice’s primary initiatives for providing court-related support to tribal justice systems. Since fiscal year (FY) 1999, BJA has awarded 259 grants to federally recognized American Indian and Alaska Native communities through a highly competitive process. TCAP’s goal is to develop new tribal courts, improve the operations of existing tribal courts, and provide… more

Real Clear World Reports on the Brutal Tribal Justice of Saudi Arabia

It may sound out-worlds, out-dated and unreal to readers, but in May 2013 and not the ancient past, a Saudi Arabian court ordered the surgical paralysation of a Saudi citizen, aged 24. The accused, Ali al-Khawahir, allegedly committed a crime ten years before the sentence was handed over during which his victim was paralyzed. This is something the Western world definitely does not agree with as it is cruel and unusual; eye for an eye is typical in tribal justice.
An argument between two teenagers and a stabbing left the victim paralyzed and as a result the Sharia courts decided the punishment must fit the crime. Eye gouging, stoning to death, flogging and beheading are popular tribal justice methods used among tribal people. Whether the Western world agrees with it or not, it is the tribal and religious structure upon which the tribal justice and law enforcement of Saudi Arabia is based. Saudi Arabia is a theocracy and rulers are responsible in application of Islamic Law, but justice revolves around money and power in Saudi Arabia. The House of Saud protects religious and tribal values with a firm hand.
The Mutawayyin as the enforcers of law are known ensure implementation of Islamic values. Apart from a few defined crimes, a Saudi judge has the power and freedom to implement a punishment of an accused in accordance with their belief. Money plays a very big factor in alternative to punishment and to avoid bad blood between different tribes and communities. Extremely high amounts of cash are to be paid to a victim’s family from an accused’s family if they do not wish to take the punishment. The amounts are usually unaffordable, but the families who can afford the money to be paid earn great respect in tribes and communities as they are classified as intelligent and active.

Recent Post

The Need For Tribal Justice

Tribal justice refers to the system of dispensing justice to the tribal group. On many occasions, we can see that tribal people are often met out injustice as they belong to a class of lesser privileged people. However, owing to the laws of equality, which states that all men are equal in the eyes of law, it is absolutely mandatory that tribal justice be met… more

Tribal Court Assistance Program

BJA’s Tribal Courts Assistance Program (TCAP) is one of the U.S. Department of  Justice’s primary initiatives for providing court-related support to tribal justice systems. Since fiscal year (FY) 1999, BJA has awarded 259 grants to federally recognized American Indian and Alaska Native communities through a highly competitive process. TCAP’s goal is to develop new tribal courts, improve the operations of existing tribal courts, and provide… more

U.S. Departments Develop Long Term Plans in Building Tribal Justice Systems

America certainly does their part as a judicial system of worth when they continuously continue the pursuit of fair Tribal Justice. Under a new request granted in March 2013 to the White Earth Nation, the U.S. will assume criminal jurisdiction on the White Earth reservation with a square mile of 1,300 in north Minnesota. It is the first action under the Tribal Law and Order Act of 2010 of this kind and allows the Justice Department concurrent federal jurisdiction in the prosecution of major crimes in Indian county, as well as state criminal jurisdiction.
Deputy Attorney General Cole signed the letter to the tribe, which will be effective from June 1 2013. State, County and Tribal law enforcement agencies and prosecutors also continues their criminal jurisdiction in White Earth reservation. A special Native American Issues Coordinator will liaise between government and Indian County and his work also involves all issues around Indian County as well as the Tribal Justice Plan’s implementation.
The Indian Health Service will receive partnership assistance from the FBI’s Office of Victim Assistance and a Sexual Assault Nurse, as well as a Sexual Assault Response Team to assist in Indian County to combat victims of abuse and sexual abuse.
Alaska Native and American Indian Tribes can apply for funding as there are grants set aside for tribal people. Towards the end of 2010 $127 million was awarded by the Department to over 130 Alaska Native and American Indian communities towards the enhancement of justice systems, law enforcement, and sexual assault, and substance abuse, violence against women, correctional alternatives, juvenile justice and tribal youth programs. A year later a further $118.4 million was awarded towards the same causes for tribal people. In 2012 over $101 million was awarded again and for the year 2013 the award announcement for the tribal government will be released around middle of the year.

Recent Post

The Need For Tribal Justice

Tribal justice refers to the system of dispensing justice to the tribal group. On many occasions, we can see that tribal people are often met out injustice as they belong to a class of lesser privileged people. However, owing to the laws of equality, which states that all men are equal in the eyes of law, it is absolutely mandatory that tribal justice be met… more

Tribal Court Assistance Program

BJA’s Tribal Courts Assistance Program (TCAP) is one of the U.S. Department of  Justice’s primary initiatives for providing court-related support to tribal justice systems. Since fiscal year (FY) 1999, BJA has awarded 259 grants to federally recognized American Indian and Alaska Native communities through a highly competitive process. TCAP’s goal is to develop new tribal courts, improve the operations of existing tribal courts, and provide… more

America urges Tribal People to Strengthen the Tribal Justice System

America under the governing of President Obama has in recent years strongly urged tribal people to enforce better laws and assisted to ensure the safety and wellbeing of the Tribal people. Tribal justice systems received over 245 million for the improvement of their justice systems. The law enforcement of tribes must be strengthened to ensure the safety of especially women and children.
The Umatilla tribes under Tribal law and Order Act, uses Native American courts for the trails of their people and do not rely on federal courts and authorities. In a census done by government it is found that sixty present of all tribes has a judicial system and they use their own system as well as incorporating more traditional practices to try and to punish cases.
Justice in the Native American reservations differs completely from the rest as many communities do not require trained lawyers and judges. Defendants in some tribes are not provided with legal counsel and they incorporate traditional law. In many cases an offender will not receive punishment as the tribal council will focus on reconciliation of two parties’ instead of punishment. This is why there is an outcry from women’s rights organizations as perpetrators against women do not always receive due punishment.
The federal government stepped in and overshadow tribal rule and determined that major crimes fall under federal jurisdiction even if they are committed on a reservation. Tribal people can enforce Tribal justice within their tribe for the prosecution of misdemeanors only and jailing for up to one year. Unfortunately federal authorities often decline cases from Indian County, which was referred to them for prosecution, even with violent crime more than twice the amount in Indian county than national rate.
Later in 2010 a new Tribal Law and Order act was passed by Congress, allowing a tribe the ability to take felony cases and three year sentences can be handed down. Tribal jails, according to reports are overcrowded and understaffed, thus a pilot program to jail tribal people in federal or county jails is conjunction with Bureau of Prisons.

Recent Post

The Need For Tribal Justice

Tribal justice refers to the system of dispensing justice to the tribal group. On many occasions, we can see that tribal people are often met out injustice as they belong to a class of lesser privileged people. However, owing to the laws of equality, which states that all men are equal in the eyes of law, it is absolutely mandatory that tribal justice be met… more

Tribal Court Assistance Program

BJA’s Tribal Courts Assistance Program (TCAP) is one of the U.S. Department of  Justice’s primary initiatives for providing court-related support to tribal justice systems. Since fiscal year (FY) 1999, BJA has awarded 259 grants to federally recognized American Indian and Alaska Native communities through a highly competitive process. TCAP’s goal is to develop new tribal courts, improve the operations of existing tribal courts, and provide… more