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This dissertation project is a legal and policy analysis of California's involuntary psychiatric commitment laws and policy as applied to American Indians (AI). Mental health-based civil commitment and conservatorships constitute some of the most severe intrusions into personal liberties and freedom outside of the criminal justice system. In the context

This dissertation project is a legal and policy analysis of California's involuntary psychiatric commitment laws and policy as applied to American Indians (AI). Mental health-based civil commitment and conservatorships constitute some of the most severe intrusions into personal liberties and freedom outside of the criminal justice system. In the context of AI peoples and tribal Nations, however, these intrusions implicate not only individual freedoms and well-being but also larger notions of tribal sovereignty, self-determination, culture, and the dialectic relationship between individual identity and community knowledge related to definitions of health, illness and the social meaning of difference. Yet, in the context of involuntary psychiatric commitments, the law reflects a failure to understand this relationship, alternating between strategic use of the sovereignty doctrine to deny access to services or, alternatively, wholly absenting issues of sovereignty and Indigenous worldviews from legal discourse. This project explores the nuanced ways in which these issues are weaved into the fabric of mental health law and policy and how they function to codify, enact and maintain colonization for AI peoples and Nations.
ContributorsGough, Heather Robyn (Author) / Brayboy, Bryan Mck. J. (Thesis advisor) / Romero, Mary (Committee member) / Molidor, Christian (Committee member) / Arizona State University (Publisher)
Created2013
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Description
In this dissertation, I examine the treatment and sentencing of American Indian defendants. This work contributes to research on cumulative disadvantage and the role race and social context play to influence federal sentencing outcomes. Disparities in federal sentencing for racial and ethnic minorities are an important concern to scholars and

In this dissertation, I examine the treatment and sentencing of American Indian defendants. This work contributes to research on cumulative disadvantage and the role race and social context play to influence federal sentencing outcomes. Disparities in federal sentencing for racial and ethnic minorities are an important concern to scholars and policy makers. Literature suggests that blacks and Latinos are sentenced more harshly than similarly situated white offenders. These findings are concerning because they suggest that minorities are treated unfairly by the criminal justice system, questions the legitimacy of how offenders are processed and treated, and defendants of color who are meted out tougher punishments face substantial social and economic difficulties thereafter. Although the black-white and Latino-white disparities have been identified and highlighted, less is known about whether disparities extend to other minority groups, and consequently little is known about the treatment of these neglected groups.

I investigate whether American Indian defendants experience cumulative disadvantages at multiple decision points, disadvantage over time, and the effect of social context on drawing on American Indian disadvantage, the focal concerns and minority threat perspectives. The focal concerns perspective is used to develop hypotheses about how American Indian defendants will receive harsher punishments at multiple decision points. I also use this perspective to predict that American Indian disadvantages will increase over time. Lastly, I examine social context and its effect on punishment decisions for American Indians using the minority threat perspective. I hypothesize that 
social context impacts how American Indian defendants are sentenced at the federal level.

Data come from the Federal Justice Statistics Program Data Series, the US Census, and the Uniform Crime Report, with a focus on data gathered from the Administrative Office of the United States Courts and the United States Sentencing Commission. A range of modeling strategies are used to test the hypotheses including multinomial logistic regression, ordinary least squares regression, and multilevel modeling.

The results suggest that cumulative disadvantages against American Indian defendants is pronounced, American Indian disparity over time is significant for certain outcomes, and social context plays a limited role in American Indian sentencing disadvantage.
ContributorsRedner-Vera, Erica N. (Author) / Wang, Xia (Thesis advisor) / Spohn, Cassia (Committee member) / Wallace, Danielle (Committee member) / Arizona State University (Publisher)
Created2019
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Description
Belonging to a tribe or American Indian Indigenous group in the United States, even if one has already been enrolled or accepted into the community, is a lifelong endeavor. Belonging may be achieved by meeting specific criteria during one life stage yet one must continue to behave and act in

Belonging to a tribe or American Indian Indigenous group in the United States, even if one has already been enrolled or accepted into the community, is a lifelong endeavor. Belonging may be achieved by meeting specific criteria during one life stage yet one must continue to behave and act in ways that align with community expectations to maintain a sense of belonging throughout all life stages. This descriptive qualitative case study presents the findings of in-depth interviews, with five individual tribal members, two male and three female participants, ranging in age from 25 to 55, who are college graduates and tribal members. The study aimed to understand the different forms and ideas of belonging for tribal members, how the notion of belonging is understood and achieved over the life course, and how phenotypic arguments, blood quantum, the role of schooling and demonstration of tribal knowledge influences the extent to which belonging is earned and how that can change over time. The study sought to answer the following questions: How do tribal members define “belonging”? How and in what ways do tribal members learn how to become members of the community? And, what can tribal communities and tribal members do to foster a sense of belonging for members who have left to obtain professional or academic training and seek to return to serve the nation?

The study focused on participants the Gila River Indian Community, a tribal community in southwest Arizona with approximately 23,000 enrolled members, who completed a higher education degree and sought to return to serve as professionals and/or leaders at their tribal nation. Interviews were conducted off-reservation in the Phoenix metropolitan area within a 30-day window and held during the month of September



2015. Interviews were analyzed using three iterative levels of content analysis. Findings suggest there can be three methods of belonging within Gila River: belonging by cultural practices, belonging by legal definition, and belonging by both cultural and legal definition. However, the three methods of belonging do not automatically equate to being accepted by other tribal members.
ContributorsMolina, Mario (Author) / Brayboy, Bryan (Thesis advisor) / Moore, Elsie (Committee member) / Nakagawa, Kathryn (Committee member) / Arizona State University (Publisher)
Created2018
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Description
The beginnings of this paper developed from the initial question of: how can tribal nations create private economies on their reservations? Written and researched from an undergraduate student perspective, this paper begins to answer the question by analyzing the historical and current states of Indian Country's diverse tribal economies. Additionally,

The beginnings of this paper developed from the initial question of: how can tribal nations create private economies on their reservations? Written and researched from an undergraduate student perspective, this paper begins to answer the question by analyzing the historical and current states of Indian Country's diverse tribal economies. Additionally, this paper will identify various tribal economic development challenges with a specific emphasis on education attainment as a key factor. Then, a solution will be presented in the form of a tribal business program modeled within the W.P. Carey School of Business at Arizona State University located in Tempe, Arizona. The solution is grounded in the idea that a highly qualified workforce is the best resource for economic development.
ContributorsTso, Cora Lee (Author) / Miller, Robert (Thesis director) / Hillman, Amy (Committee member) / School of Politics and Global Studies (Contributor) / American Indian Studies Program (Contributor, Contributor) / Barrett, The Honors College (Contributor)
Created2016-12