In the Pueblos of the Southwestern U.S.,
family forums, such as family gatherings and talking
circles, facilitated by family elders or community leaders,
are important elements in the justice system. Matters
usually involve family problems, marital conflicts, juvenile
misconduct, violent or abusive behavior, parental
misconduct, or property disputes. Customary laws, sanctions,
and practices are used. Individuals are summoned to these
gatherings following traditional protocols initiated by the
chosen elder. For example, in Pueblo communities the
gathering is convened by the aggrieved person's family,
which must personally notify the accused and his or her
family of the time and place of the gathering.
Generally, elders are selected as spokespersons
responsible for opening and closing the meetings with
prayers. During the meeting, each side has an opportunity to
speak. The victim may speak on his or her own behalf, and
the family may assist in conveying the victim's issues.
Extended family members often serve as spokespersons if the
victim is very young or vulnerable. Similarly, a
spokesperson may be designated to speak on behalf of the
accused, especially if the accused is a juvenile or if other
circumstances prevent the accused from speaking. When the
family forum cannot resolve a conflict, the matter may be
pursued elsewhere. Offender compliance is obligatory and
monitored by the families involved. It is discretionary for
decisions and agreements to be recorded by the family.
Community forums require more formal protocols than
family forums, but draw on the families' willingness to
discuss the issues, events, or accusations. These are
mediated by tribal officials or representatives. Some tribes
have citizen boards that serve as peace makers or
facilitators. Customary laws, sanctions and practices are
used. Personal notice is made by tribal representatives to
the individuals and families involved. Usually, this is all
that is necessary to compel individuals to meet in both the
family and community forums. When necessary, a personal
escort to the gathering place may be provided by tribal
officials.
In the community forum, the tribal representative acts as
facilitator and participates in the resolution process along
with the offender and victim and their families. As with the
family forum, prayers are said at the beginning and at
closure. An unresolved matter may be taken to the next
level, however, but tribes may or may not offer an appeal
process for the community forum. In the Navajo peacemaker
system, formal charges in the Navajo district court may be
filed. In some Pueblo communities, matters may be pursued
through the traditional court. Offender compliance is
obligatory and monitored by the families involved and tribal
officials |