Indian offenses

Courts of Indian Offenses were created by the Bureau of Indian Affairs in 1883. The judges of these courts were Indian men appointed by the federal agent on each reservation, and they heard only cases involving certain cultural practices, termed “Indian offenses,” which were banned on the reservations. All decisions of the court were subject to the approval of the Indian agent.

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Essentially, the Indian offenses were a list of common traditional practices that the government determined were “demoralizing and barbarous” and therefore should be discontinued so that Indians could become more assimilated into mainstream American culture and values. The list of Indian offenses included prohibitions against dancing, plural marriages, feasts, giveaways, and destroying the property of the dead (a funerary custom among some tribes). Additionally, and most devastating to many Indian people, traditional religious practices including sun dances, sweat-lodge ceremonies, vision quests, and shamanism were strictly prohibited in the hope that Indian people would be more likely to convert to Christianity. In short, Indian offenses were an extensive body of religious and cultural practices that the federal government banned because they were deemed disruptive to the smooth functioning of reservations. When living within the reservation context, Indian people were not granted constitutional protections.

Bibliography

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McCoy, Melody L., and Cynthia Cheski. “When Cultures Clash: The Future of Tribal Courts.” Human Rights 20.3 (1993): 22–25. Academic Search Complete. Web. 30 Apr. 2015.

Rumann, Celia M., and Jon M. Sands. “Lost in Incarceration: The Native American Advisory Group’s Suggested Treatment for Sex Offenders.” Federal Sentencing Reporter 16.3 (2004): 208–211. Academic Search Complete. Web. 30 Apr. 2015.

“Tribal Courts May Adjudicate Children's Cases by the Native American Rights Fund.” Child Law Practice 29.9 (2010): 144. Academic Search Complete. Web. 30 Apr. 2015.

Young, Rowland L. “Indian Tribal Courts May Not Try Non-Indians.” American Bar Association Journal 64.4 (1978): 598. Academic Search Complete. Web. 30 Apr. 2015.