Long before the development and implication of a unified American Judicial system, the worlds' cultures, inclusive of the Native American Indians, recognized the issue of a civil aspect being associated with criminal law as a means of social control. Quite often restitution was a consideration included in the criminal indictments against the guilty. Those indictments brought forth the need of a dual remedy addressing the breach of social behavior rules that were set forth as a control of the tribe, or society. Any remedy considered naturally had to be enjoined with the satisfaction of the victim for the personal loss. While also satisfying the society for their loss of community peace and safety. Thus, vengeance was and is the normal philosophy of the reasoning for an indictment against that wrongdoing. It is that vengeance of which, when set down and accepted by a society, tribe, or culture now becomes acknowledged as the law in its threat against wrong-doers to keep the peace and safety. The remedies of that law now being accepted by the society, tribe, or culture. Now versus that of being vengeance by the victim. With the idea of vengeance being too personal therefore becomes acknowledged as a new term; that being punishment.
The emphasis of punishment as an alternative to vengeance, is further categorized into various levels depending upon the severity or degree of the civil loss. In that sense, although societies and cultures present a criminal act being defined as an intentional wrong. We commonly find the amount of civil loss determines the type of application and severity of the punishment. Whatever type of punishment is decided to be acceptable by the society. The end result is the indicted guilty pays for the crime with his body, mind, and soul.
Cross-Cultural Transgressions
After an act has been defined as a wrong doing or recognized as a crime. There has to be a victim identified. Basically, we acknowledge there is the victim in their persona, and the victim of the society, tribe, or culture in its solace and structure as a community.
Sadly, much to often we are finding in regions where Native American Indians maintain their sovereignty. The propensity for transgressions outside of the wrong doers tribe or culture would be inevitable. In turn and briefly mentioning numerous transgressions are acted upon the tribe by the other culture. Either way, such matters are considered cross-cultural crimes. This matter at hand is of cross-cultural crime of which has violated both the person and the solace of the victim's community, and the society/tribe and culture of the ethnic recognition of the perpetrators. Thus we are now faced with the responsibility of creating a remedy of punishment in which justice, to be accurate in its application, must now address the issue of restitution to all of the victims collectively. This burden places upon the adjudicator the responsibility of acting as a mature advocate in a cross-cultural society of two peoples. The equality and justice of the law's philosophies are major considerations required while preparing a remedy. That of which in its punishment, will solace the American standard of that society, the Native American Indian Nation, and most importantly the victim who suffered the real pain. Thus all concerns of the victim's must be categorized into issues of commonness and collectively extended considerations.
To apply any form of punishment that does not address the transgressions results upon the personal victim, the personal victim's society, and the culture and tribe of the wrong doers is not complete. Specifically, and in a realistic view any punishment of which does not address the concerns of the Native American Indian culture. After all, that culture qualifies as a victim of which has been embarrassed and offended by this act, would be inversely prejudicial to the harmony of understanding philosophically supporting co-existence of the cultures that has developed over the past few decades. Therefore, not only promoting further distrust of the American judicial process in accordance with the harmonious beliefs of the Indians. There would also be an insult upon their culture, and leadership with a public display of indifference. In turn creating further cross-cultural racial prejudices. If there is a purpose for not removing those errors and prejudices, with these two neighboring nations being distinct in their culture, of which brings them into association which each other, from the want of knowing each other, is now injurious to both in their recognition of civilized progress. When the application of a judicial process is in pursuit of remedies in favor of the concerns of just one, and not the other. Even when, that judicial authority has the assumption that it has inherent rights to conduct its business in such a manner. Such a favoritism quickly replaces the philosophy of justice with that of tyranny, even if the favoritism is done inadvertently.
FROM ANOTHER PART OF THE WRITING "THE BANISHMENT:"
Necessary Recognitions Prior to Banishment
A successful penal process known as Banishment in a Native American Indian judicial process will require a putative rehabilitative application. Accordingly, the Banishment process, albeit much like the American penal process of Boot Camp, or Shock Incarceration has similarities in goals, while having differences in applications. The similarities in these cross-cultural penal applications are found in the goals of the rehabilitative campaigns. Those goals have so many similarities that a comparison of the two may perhaps present a more fathomable approach of the Banishment process.
It is easily envisioned the immediate cognition of the inmates when arriving at the incarceration facility. For the Boot Camp inmate the reality of being in the situation of the visceral appeal generated by the "tough" media images of drill instructors is extremely sobering. The inmate quickly realizes he will be involved in a predominately regimented life-style; more so than a prison. The regimentation is more strict in that every single move, or communication, requires specific permission from the drill instructor. The inmate is forbidden to do anything other than breathing. The rehabilitation campaign of drill and ceremonies, associated with physical training, while being applied through the use of abusive and intimidating verbal commands. The Boot Camp is in its campaign, designed to break the inmate and force an adherence to moral development.
In the event there is the need to associate substance abuse, or alcoholic rehabilitative measures to the inmate. All of the Boot Camps have those resources available. However, not all have the same sources of availability for those resources. In some states, that rehabilitative campaign is administered by in-house personnel. In those circumstances, the rehabilitation administrators may be cross trained as drill instructors and counselors. That scenario shows the administrators are trained and experienced more as drill instructors; than professional substance abuse counselors. In other Boot Camp facilities it was found that the services were contracted to outside agencies. The outside agencies are deemed to have more extensive experience in those matters due to that is their primary function. Thus, there is a suggestion their campaigns may be more successful. The contracted agencies are also the ones who maintain more accurate records available for review of assessing there progress. In comparison to the Boot Camp of which maintains records mainly on the disciplinary progress of the inmate. Therefore, any evaluation of success by both processes would not bring forth an exact true conclusion.
Upon arrival at the incarceration location of the Banishment inmate. There is an immediate cognizance of the situation. That recognition is almost a shock to the emotions of the inmate. Unlike the Boot Camp situation and the arrival of that inmate. The Banishment inmate is not greeted in any fashion. There are no buildings, no telephone lines, basically there is a complete notice of isolation from the lack of any evidence of civilization. This immediate realization quickly fosters the reality that there is no living quarters and that a shelter will need to be built. There is no food or infrastructure to provide purified drinking water and sanitation facilities. The recognition of the a lack of those amenities produces the desired effect of loneliness.
Loneliness is an unpleasant and disturbing experience of which immediately produces a sense of desperation and depression. The contributing causes for the feelings of desperation and depression commonly recognized by psychologist. Need also to be recognized by the Banishment counselors. Considerations should be inclusive of such issues as personality factors, such as low self-esteem and shyness at ones self ability to survive in this habitat. The acknowledgment of a lack of any human companionship inclusive of not having an established social network. While also acknowledging the environmental issues associated with protection of the body and sources of subsistence or food.
In the published studies of "loneliness" most authors have categorized the attributions into categories, or called dimensions. One dimension concerns the location of the cause, either inner person or the situation. A second dimension concerns the stability of the cause in the perception of being stable or enduring. While the third and final dimension is in the concerns if the person can exert any type of control over the experience. Thus, the degree of loneliness anticipated and immediately felt by the inmate will determine the severity of the depression.
Very often depression is termed the common cold of psychological disorders. The severity of the depression varies from person to person. In that sense, some people over are much more effected than others. In the matters of major depression the primary symptom is an overwhelming feeling of sadness. Additionally other symptoms are loss of interest in ones common activities. Inclinations of self blame, worthlessness and guilt. While often there is superficial sense of fatigue so severe the smallest task may seem to be over-taxing to the energy and capabilities of the person. As the depression continues there is a loss of sleep, and difficulty in concentration with distractibility. A continuation over a period of a few weeks will produce major depression. That posture of continuation brings forth excessive crying, excessive concerns about one's health, and sometimes delusions by hallucinations. Major depression is classified and recognized as a primary fuel for thoughts of suicide. Thus it is of the utmost importance, and a very strong recommendation that the inmate has daily accompanists for the first few weeks of the Banishment initiation. This penal process is, after all, a Banishment proceeding; Not a death penalty.
The rehabilitation counselor must recognize that there will be demonstrated changes in the demeanor of the inmate during the course of this depression. This would basically be termed an adjustment period. There must be a recognition that the patterns of thinking of the inmate may be altered in several ways during the major depression period. It must also be understood that people who are depressed retrieve negative thoughts from memory more rapidly than non-depressed people. This degree of depressed inmate during a Banishment adjustment period. Undoubtedly, will have automatic negative thoughts, even unwelcome thoughts that they cannot seem to dispense of, or get out of their mind. Generally, when people encounter stressful events, such as the cognizance of reality of the Banishment situation. They may be more likely to blame themselves as having no control over their own life. Only through an immediate campaign of rehabilitative counseling will this degree of major depression be neutralized. Thus, once the events or bouts of depression are. The automatic negative thoughts and other symptoms begin to disappear. This is not to say that depression will not be experienced during the remainder of the Banishment. The suggestion is that the major depression leading to a suicide situation would be annulled.
It should now be evident a the Banishment process requires a great deal
of cross-cultural coordination. Although there is an aspect of primordial
process of Banishment. In the pursuit of being a successful penal process
during this century. The Holy men or cultural counselor assigned will definitely
need to confer with professionally trained psychologist. This interaction
will help in the development of a rehabilitative treatment schedule. Any
psychological persuasive campaign becomes three effective when the counselors
are experts. Thus, it is imperative to use recognized and tribal authorized
Holy men, in partnership with professionally trained psychologist.
