It looks like you're using an Ad Blocker.

Please white-list or disable AboveTopSecret.com in your ad-blocking tool.

Thank you.

 

Some features of ATS will be disabled while you continue to use an ad-blocker.

 

AZ judge creates separate courts for Hispanics, Native Americans

page: 1
0

log in

join
share:

posted on Feb, 1 2006 @ 12:13 PM
link   
A judge in Maricopa County, Arizona, has created separate courts for Spanish-speaking defendants convicted of aggravated DUI’s. Native Americans are also segregated in their own courts.


Under the guise of multiculturalism, the Presiding Judge of the Maricopa County Superior Court, Barbara Mundell, has set up separate race-based courts for defendants convicted of aggravated DUI’s. Defendants who speak Spanish are sent to their own Hispanic court, which is conducted by Judge Mundell in Spanish. Prosecutors, defense attorneys, probation officers, and members of the public must ask for headphones, if available, to have the proceedings translated into English.
Courts



The court system has come under fire as being "race-based" by it's detractors, such as the local NAACP. Me, I'm not so sure that it qualifies as being "race-based", or that the idea is such a bad one to begin with. If it results in a fairer standard for non-English speaking defendants, then I say, give it a chance. I do, however, have questions about what the Native Americans are required to participate in, such as sweat lodges and talking circles. Why is this necessary? Sweat lodges sound punitive, tho I will admit to having no knowledge of them at all.




posted on Feb, 1 2006 @ 12:17 PM
link   
Actually it does make sense for a Hispanic to be surrounded by their own Spanish peers and I guess Native American will also be more comfortable surrounded by their own people when decisions in court are made.

I does help with the so called "racist" issues when a Native American is judge by somebody of other races.

But this will probably get some attention from human rights groups.



posted on Feb, 1 2006 @ 03:33 PM
link   
I wonder if segregation according to political party is next, I bet DeLay would be happier....

the native americans has their own entire legal system really, at least on the reservations....don't know if that is what is being talked about, but they've always had their own legal system.



posted on Feb, 1 2006 @ 04:07 PM
link   
Yes they do but I believe it only applies when they do things inside their own lands.

But if they do outside the lands then they are not under the same jurisdiction I think.



posted on Feb, 1 2006 @ 04:28 PM
link   
i was under the impression that plessy v furgeson was overturned...

i can see how hispanics will get a jury of their peers this way, but there are OTHER ways of ensuring that.

and haven't native americans gotten enough of a raw deal?



posted on Feb, 1 2006 @ 04:32 PM
link   

Aboriginal Court Day began as an idea by magistrate Chris Vass, an active member of the Judicial Aboriginal Cultural Awareness Program and manager of the northern court circuits, which include the Anungu Pitjantjatjara lands.

He discussed the idea with other magistrates and Aboriginal groups, State government agencies, the Aboriginal Legal Rights Movement, police prosecutors, lawyers and Aboriginal people.

An Aboriginal Court Day was seen as a way to better serve the needs of the community and to make courts less culturally alienating to Aboriginal people Link


Really have no idea on the US statistics on Native American Indian/Hispanic peoples' representation in the Criminal Justice System...however, in AU there is nothing racist about Indigenous Peoples' separate courts.


The aim of specialist Indigenous courts is to make court processes more culturally appropriate, to engender greater trust between Indigenous communities and judicial officers, and to permit a more informal and open exchange of information about defendants and their cases. Indigenous people, organisations, elders, family and kin group members are encouraged to participate in the sentencing process and to provide officials with insight into the offence, the character of victim-offender relations, and an offender's readiness to change.

The first Indigenous court to operate in Australia was at Port Adelaide in South Australia in 1999. This Nunga Court was established by the magistrate, Chris Vass, who had a long experience in the administration of western law in indigenous communities in Australia and Papua New Guinea.

Indigenous courts have been established in South Australia, Victoria and Queensland Link


The establishment of these courts addressed the over representation of Indigenous Australians at every stage of the criminal justice system...and is referred to as the Criminal Justice Treadmill... Linkand is a direct response to the findings of the Royal Commission into Aboriginal Deaths in Custody.







[edit on 1-2-2006 by NJE777]

[edit on 1-2-2006 by NJE777]

[edit on 1-2-2006 by NJE777]



posted on Feb, 1 2006 @ 04:43 PM
link   

Originally posted by madnessinmysoul
i can see how hispanics will get a jury of their peers this way, but there are OTHER ways of ensuring that.

and haven't native americans gotten enough of a raw deal?

These courts are for DUI probation cases only, at this point. But I have a real issue with the whole "race" thing. I mean, take the example of an oriental person who grew up in a Mexican household and speaks only Spanish - does he qualify?

I'd feel more comfortable if using the separate courts was voluntary for a defendant.




top topics



 
0

log in

join