Bode'wadmi traditions and values recognize the interconnectedness
of every person and everything in this world and that the actions
of one individual, or of a group of individuals, will have an impact
on the whole of our community. In all things we do as a government,
it is our obligation to promote Bode'wadmi traditions and values
by seeking consensus so that decisions that are made will benefit
the whole of our community for this and the next seven generations.
Historically American Indian women are denied meaningful access
to justice and are less protected from violence than other women in
the United States. It is because they are indigenous and because they
are assaulted in Indian country. American Indian women are 2Â 1/2
more times likely to be assaulted in their lifetime than any other
women in the United States, and one in three native women will be
raped in her lifetime. Domestic violence is at epidemic proportions
and is one of the most horrific manifestations of the discriminatory
legal system in the United States. For those reasons, the NHBP, in
exercising its inherent sovereign power, enacts this code to administer
justice and control crime, and to ensure that perpetrators of domestic
violence are held accountable for their criminal behavior.
In carrying out the powers of self-government in a manner that
promotes and preserves our Bode'wadmi values and traditions,
the Tribe strives to be guided by the Seven Grandfather Teachings
in its deliberations and decisions. The rights and limitations contained
in this code are intended to reflect the values in the Seven Grandfather
Teachings to ensure that persons within the jurisdiction of the Tribe
will be guided by the Seven Grandfather Teachings:
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Bwakawen
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Wisdom
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Debanawen
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Love
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Kejitwawenindowen
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Respect
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Wedasewen
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Bravery
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Gwekwadzewen
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Honesty
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Edbesendowen
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Humility
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Debwewin
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Truth
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A.Â
There are many views regarding the appropriate terminology for identifying
an individual who has experienced or is currently experiencing domestic
violence. Most federal laws and many federal programs use the term
"victim." The use of this term reflects decades of advocating for
domestic violence to be treated as a crime and those victimized by
domestic violence to have access to resources in the same manner as
victims of other crimes. In contrast, many agencies that provide services
to individuals who have experienced or are currently experiencing
domestic violence use the term "survivor." There are numerous reasons
for the use of the term "survivor," ranging from the recognition of
the strength of the individual in enduring domestic violence to serving
as a term of hope that healing is possible. Of additional consideration
in determining terminology is the goal of empowering individuals who
have experienced or are currently experiencing domestic violence.
With domestic violence being rooted in the dynamics of power and control,
including the taking of decision-making power, one reason for using
these terms interchangeably is to empower the individual to decide
how to identify. This code, therefore, uses the terms "victim" and
"survivor" interchangeably to reference federal law when appropriate,
ensure access to federal resources and, most importantly, empower
individuals in choosing the term with which they identify.
B.Â
In a similar manner, there are numerous views on the terminology
for identifying those who abuse their partners. Most federal laws
and many federal programs use the term "perpetrator." This term also
reflects decades of advocating for domestic violence to be treated
as a crime and those committing the crime of domestic violence to
be characterized accordingly. However, some batterer intervention
agencies advocate for terms that include the potential for rehabilitation
versus only their status within the criminal justice system. The use
of the term "defendant," a general term for any individual accused
of a crime in the Tribal Court, reflects domestic violence as a crime
for which an individual must be held accountable, as well as the approach
to criminal cases wherein programs and services are available to them
as tools to change their behavior. This code, therefore, uses the
terms "perpetrator" and "defendant" interchangeably to reference federal
law as appropriate, recognize domestic violence as a crime, ensure
that individuals who commit domestic violence are held accountable
for their actions and provide access to resources that could assist
the individual with stopping their abusive behavior. Neither "perpetrator"
nor "defendant" indicates the guilt or innocence of the accused individual;
a person is presumed innocent until proven guilty beyond a reasonable
doubt.
