Expert Working Group Report: Native American Traditional Justice Practices

Throughout the United States, the term “traditional justice” is often associated with an adversarial court-based model of justice. But for American indigenous communities the term signifies a history and culture that evolved separate from judges in black robes. These systems are often based on restoring harmony and peace to the victim and community – while still including elements of offender accountability.

In April 2013, the U.S. Department of Justice’s (DOJ) Access to Justice Initiative (ATJ) and the U.S. Department of the Interior’s (DOI) Bureau of Indian Affairs’ Office of Justice Services – Tribal Justice Support (TJS) jointly convened an Expert Working Group (EWG) on the use of traditional Native American justice interventions to respond to criminal and delinquent behavior.

This report provides an overview of the EWG’s discussions and recommendations. ATJ and TJS were pleased to create an opportunity for the Federal government to learn about these important practices and advance recommendations that can support the use of traditional justice throughout the country.