The Navajo Nation, a sovereign Native American territory spanning across parts of Arizona, New Mexico, and Utah, is considering significant revisions to its criminal code, Title 17. These potential changes aim to address concerns about crime rates and the effectiveness of existing sentencing guidelines. The Navajo Nation may stiffen crime penalties, reflecting a renewed focus on accountability and community well-being. Public hearings, such as the one recently held at the Shiprock chapter house, are crucial to this process, allowing tribal members to voice their opinions and contribute to shaping the future of justice within the Navajo Nation.
Background: Re-evaluating Justice on the Navajo Nation
The impetus for these proposed changes stems from a review of the tribal criminal code. In January 2000, the Navajo Nation took steps to reduce or eliminate jail terms and fines for approximately 30 offenses. This decision was largely driven by limited resources available to effectively penalize offenders. However, this earlier move has led to concerns that the current system may not adequately deter crime or provide sufficient redress for victims. The ongoing re-evaluation underscores the tribe’s commitment to finding a balanced approach that addresses both the needs of the community and the realities of its resources.
The Law and Order Committee, tasked with reviewing Title 17, is proposing a more comprehensive approach to sentencing. This includes not only traditional penalties like fines and jail time but also exploring alternative options such as rehabilitative treatment, electronic monitoring, and restorative justice practices. The committee emphasizes the importance of restoring harmony between the offender, the victim, and the community, reflecting the Navajo Nation’s cultural values centered on balance and interconnectedness. The Navajo Nation may stiffen crime penalties, but this isn’t the only thing it is considering.
A Shift in Philosophy: Accountability and Restoration
Russell Begaye, a Navajo Nation Council delegate from Shiprock, articulated a common sentiment among those advocating for stricter penalties: "If you commit a crime, you should pay for it." This perspective highlights a desire for greater accountability and a belief that offenders should face consequences for their actions.
However, the proposed changes are not solely focused on punishment. The committee’s emphasis on restorative justice indicates a broader vision that seeks to address the root causes of crime and promote healing within the community. This approach recognizes that crime is often a symptom of deeper social and economic issues and that effective solutions require a holistic and culturally sensitive approach. The Navajo Nation may stiffen crime penalties, but there is a balance.
Specific Offenses Under Consideration
The proposed changes target a range of offenses, with the goal of providing more effective and proportionate penalties. Several offenses that currently do not carry jail time or fines are being considered for increased sanctions:
-
Making a Threat: The committee proposes a potential sentence of either 180 days in jail or a $500 fine. This reflects a growing concern about the impact of threats on community safety and well-being.
-
Contributing to the Delinquency of a Minor: Individuals found guilty of contributing to the delinquency of a minor could face a penalty of either 180 days in jail and a $1,000 fine. This underscores the importance of protecting young people and holding adults accountable for their role in contributing to juvenile crime.
-
Unlawfully Carrying a Deadly Weapon: The proposed changes include 180 days in jail, a $500 fine, and the forfeiture of the weapon. Unlawful use of a weapon could result in 90 days in jail, a $250 fine, and the forfeiture of the weapon. These changes aim to reduce gun violence and enhance public safety.
-
Theft, Burglary, and Receiving Stolen Property: Theft could result in a sentence of 180 days in jail and a $1,000 fine. Burglary could carry the same jail time but with a higher fine of $2,500. Receiving stolen property could result in 180 days in jail and a $500 fine. These penalties are designed to deter property crimes and protect the economic interests of individuals and businesses within the Navajo Nation.
-
Shoplifting: For shoplifting goods worth less than $100, the proposed penalty is 30 days in jail and a $100 fine. For goods worth more than $100, the penalty could be three times the jail sentence and five times the fine. These tiered penalties reflect the severity of the offense based on the value of the stolen goods.
-
Fraud and Forgery: Fraud could result in a mandatory 180 days in jail and a $1,000 fine. Forgery could result in 90 days in jail and a $500 fine. These penalties aim to deter financial crimes and protect the integrity of financial transactions.
Adjustments to Existing Penalties
In addition to introducing penalties for offenses that currently lack them, the committee is also considering increasing the severity of existing penalties for certain crimes.
-
Possession of Liquor: The current penalty for possessing liquor on the Navajo Nation is a $50 fine for the first offense. A second offense within six months results in a $100 fine and a sentence to rehabilitation. The proposed changes would significantly increase these penalties, with a maximum fine of $500 for the first offense and a $1,000 fine and a sentence to rehabilitation for a second offense within six months. These changes reflect concerns about the impact of alcohol abuse on the community and a desire to encourage responsible behavior.
-
Possession of Marijuana: The committee is proposing a more nuanced approach to sentencing for marijuana possession, based on the quantity involved. Previously, the maximum sentence for possession of marijuana, regardless of the amount, was 365 days in jail and a $5,000 fine. Under the proposed changes:
- Possession of less than one ounce could result in 20 hours of community service and a $100 fine for the first offense, or 40 hours of community service and a $250 fine for the second offense.
- Possession of less than one pound could result in 80 hours of community service and a $2,500 fine.
- Possession of more than one pound could result in 365 days in jail and a $5,000 fine.
-
Production or Delivery of Marijuana: The sentences for the production or delivery of marijuana could be increased from the current maximum of 180 days in jail and a $2,500 fine to a maximum of 365 days in jail and a $5,000 fine. The delivery of marijuana to minors could result in the same maximum penalty, but it would be mandatory.
Major Crimes and Federal Jurisdiction
It’s important to note that the proposed changes do not affect the sentencing guidelines for the most serious crimes, such as homicide, kidnapping, aggravated arson, aggravated assault, battery, and aggravated battery. For these offenses, the maximum penalty remains up to one year in jail, a $5,000 fine, or both. In many cases involving major crimes, the federal courts assume jurisdiction, particularly when a more severe sentence is deemed necessary. This division of jurisdiction reflects the complex legal landscape within the Navajo Nation.
Balancing Justice and Cultural Values
The potential changes to Title 17 represent a significant undertaking for the Navajo Nation. The proposed revisions are designed to enhance public safety, deter crime, and promote accountability. However, the process also involves careful consideration of the tribe’s cultural values and the need for restorative justice. The Navajo Nation may stiffen crime penalties, but it is seeking to do so in a way that aligns with its traditions and promotes healing within the community.
The ongoing public hearings and discussions are essential to ensuring that any changes to the criminal code reflect the will of the people and contribute to a more just and equitable society for all members of the Navajo Nation. It is clear that the Navajo Nation may stiffen crime penalties and seek to find the best way to deal with crime in the Nation.