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In the Aftermath of Rampage Shootings: Is Healing Possible? Hard Lessons from the Red Lake Band of Chippewa Indians and Other Indigenous Peoples Item Type text; Dissertation-Reproduction (electronic) Authors Diamond, James D. Publisher The University of Arizona. Rights Copyright © is held by the author. Digital access to this material is made possible by the James E. Rogers College of Law and the University Libraries, University of Arizona. Further transmission, reproduction, presentation (such as public display or performance) of protected items is prohibited except with permission of the author. Download date 11/10/2021 04:08:06 Link to Item http://hdl.handle.net/10150/631495 IN THE AFTERMATH OF RAMPAGE SHOOTINGS: IS HEALING POSSIBLE? HARD LESSONS FROM THE RED LAKE BAND OF CHIPPEWA INDIANS AND OTHER INDIGENOUS PEOPLES J atnes D. Diamond Dissertation submitted in partial fulfillment of the requirement for the award of the Scientiea Juridicae Doctor Degree (S.J.D.) of the University of Arizona James E. Rogers College of Law, Tucson, Arizona, U.S. In The Aftermath of Rampage Shootings April, 2015 Table of Contents List of Tables ................................................................................. 4 Declaration .................................................................................... 5 Doctoral Approval. ........................................................................... 6 Author's Note ................................................................................. 7 Abstract. ........................................................................................ ? Forward ......................................................................................... 8 Acknowledgements ........................................................................... 10 Chapter 1 Introduction ................................................................... 12 Chapter 2 Literature Review and Research Methods ................................ 18 Chapter 3 Rampage Murders ............................................................ 31 Chapter 4 When Mass Shooting Occurs On an Indian Reservation ............... .47 Studies In Contrast Chapter 5 The Typical Aftermath of Rampage Murder .............................. 62 The Outpouring of Anger at the Parents And Other Family Members Chapter 6 Restorative Justice in Indigenous Cultures ............................... 74 Chapter 7 Forgiveness .................................................................... 93 2 In The Aftermath of Rampage Shootings Chapter 8 Restorative Justice and Therapeutic Jurisprudence Today .............. 110 How Much Can Be Borrowed? Chapter 9 Conclusion ...................................................................... 126 Appendix I List of Mass Shootings in the U.S., 1982-2013 ........................... 131 Appendix II List of International School Shootings, 1925-2011 ....................... 134 3 In The Aftermath of Rampage Shootings List of Tables Table 1 Red Lake Fatalities .................................................... 51 Table 2 American Indian Tribes Utilizing Peacemaking .................. 118 4 In The Aftermath of Rampage Shootings Author's Note James D. Diamond is a candidate for the Doctor of Juridical Science1 at the University Of Arizona James E. Rogers College Of Law. He obtained a Juris Doctor degree from Brooklyn Law School in Brooklyn, N.Y. in 1988 and a Bachelor of Arts from the State University of New York at Albany Rockefeller College of Public Affairs and Policy in 1981. He is a Teaching Fellow at the James E. Rogers College of Law and may be contacted [email protected]. Abstract This study produces insights, ideas and findings which link mass shootings and communal responses in the United States and on Indian reservations. The study compares and contrasts the aftermath of these tragedies in non-indigenous communities with the responses when the tragedies have occurred in certain American Indian communities. It looks to the roots of the Native American approach in international indigenous historical evidence. The author describes an institutional weakness in the Arlglo-Europeanjudicial model in how it responds to the aftermath of heinous crimes. He explores adaptation of certain practices from indigenous peoples as a method of contributing to healing, closure and reconciliation following heinous criminal behavior. He further explores the possibility of incorporating face-to-face, interpersonal interaction between mass shooting victims, their families, and offenders and their families. 1 Also sometimes referred to in Latin as "Scientiae Juridicae Doctor" and abbreviated as the S.J.D. 7 In The Aftermath of Rampage Shootings Forward The subject matter of this dissertation is relevant to many academic disciplines, including law, criminal justice, indigenous studies, anthropology, sociology, history, and psychology. I have an academic background in law and political science/government. Much of the analysis in this dissertation, however, would have greatly benefitted from a background or training in both sociology and psychology. In researching and writing this dissertation I benefit from a nearly thirty year career in criminal justice and litigation. It is worth observing that the very same lack of academic background or training in psychology or sociology also exists among the judges, prosecutors, probation officers and corrections officials who wield power in our courts and criminal justice system. The system hinders their ability to recognize a need for healing in criminal justice and to be successful at accomplishing healing. Having been a criminal defense attorney for twenty-five years it is also worth noting that the lack of training or education in social work or psychology impairs defense attorneys. Criminal defense attorneys are faced with an array of clients with mental illness, and personality disorders and substance abuse addictions that make defending them a daily challenge. There are many days where the job of defense attorney is more of a social worker and psychologist than lawyer. What skills does the criminal defense attorney need in order to help the criminal defense client? Traditional legal education is well suited to train lawyers for the adversarial vertical system of justice discussed in this study. Traditional legal education is less well suited to train lawyers to succeed in horizontal systems and accomplish reconciliation, healing and the "talking things out" suggested here. Lawyers, generally do not receive a great degree of training in counselling or in-depth interaction with 8 In The Aftermath of Rampage Shootings clients.2 Skills more commonly taught to future social workers or psychologists would benefit lawyers involved in the rampage murder cases that are the subject of this study. These skills include empathetic listening, evaluation, crisis intervention, and referral to experts. 3 The subjects of mental health or mental illness are rarely taught to law students.4 The spotlight on mass shootings certainly has put this subject on the radar screen for educators. Greater focus on the subject mental health and mental illness in American law schools is long overdue. Training lawyers to understand mental illness and mental health will better equip them for careers, and will establish greater receptivity to therapeutic and restorative justice in the American courts. As law schools adapt to a changing world and changing profession these observations are worthy of consideration and attention. 2 Brigid Coleman, Lawyers Who Are Also Social Workers: How to Effectively Combine Two Different Disciplines to Better Serve Clients, 7 WASH U. J. L.& POL'Y 131, 139 (2001), see also Paula Galowitz, Collaboration Between Lawyers and Social Workers: Re-Examining the Nature and Potential ofthe Relationship, 67 FORDHAM L. REV. 2123 (1999). 3 Coleman, Id at 139. 4 Richard E. Redding, Why It Is Essential To Teach About Mental Health Issues In Criminal Law, 14 WASH.U. J. L & POL'Y 407, 410 (2004). 9 In The Aftermath of Rampage Shootings Acknowledgements I am grateful to my dissertation committee which was comprised of Robert A. Williams, Jr.,5 who is the Director of the Committee, Marc L. Miller6 and Dr. Raymond D. Austin,7 three dedicated faculty members at The University of Arizona James E. Rogers College of Law. Robert A. Williams, Jr. is a world renowned scholar on the rights of indigenous peoples and critical race theory. He is a dogged fighter for the rights of native people worldwide and racial justice. I'm grateful to Professor Williams for his lessons on the importance of good clear writing. I appreciate Professor Williams' interest in my research and career. As an aside, Professor Williams reminded me to never relent when a case or principle is an important one worth fighting for. Marc L. Miller is the Dean of the Law School. His scholarship in the area of criminal procedure particularly prosecutorial discretion is widely acclaimed. His support for indigenous legal studies in Tucson is making an impact worldwide. Dr. Raymond D. Austin has been a source of inspiration for my focus on the customs and traditions of indigenous peoples. His contribution to the integration of custom and tradition into modem tribal law has had a profound impact throughout Indian country in the United States and beyond. Justice Austin was kind enough to share with me sources he unearthed detailing historical Navajo handling of murder cases. I am grateful for his guidance, mentoring and support.

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