This page contains links to information and resources concerning tribal custom and tradition, traditional law, traditional methods of dispute resolution, and other related issues. Navajo District court decision which upholds the authority of the court to dismiss a criminal complaint based upon a showing that the defendant had complied with a peacemaking agreement. Indigenous justice systems are based on a holistic philosophy.
Law is a way of life, and justice is a part of the life process.
In their efforts to establish tribal culture, Indian tribes are relying on the restoration of traditional forms of adjudication. This article addresses how tribal courts receive evidence of Indian tradition and custom under rules of evidence, discusses the definition and nature of tradition and custom in court settings, and their recognition as a legitimate form of law. Inc. A Sentencing Circle is a community-directed process, conducted in partnership with the criminal justice system, to develop consensus on an appropriate sentencing plan that addresses the concerns of all interested parties. Sentencing circles sometimes called peacemaking circles use traditional circle ritual and structure to involve the victim, victim supporters, the offender, offender supporters, judge and court personnel, prosecutor, defense counsel, police, and all interested community members. Within the circle, people can speak from the heart in a shared search for understanding of the event, and together identify the steps necessary to assist in healing all affected parties and prevent future crimes.