The Struggle to Protect the Exercise of Native Prisoners' Religious Rights

Abstract

This article examines the record of the American judicial system in the protection of American Indian prisoners in the exercise of their religious rights. The article briefly examines the factors related to the high rates of Indian incarceration and the important role of Indian spiritual values and the exercise of Indian religious practices in the process of rehabilitation. The Supreme Court has ruled that all prisoners retain the right to practice their religion if the exercise of these rights does not interfere with legitimate penological interests. Whether due to ignorance of spiritual native values and practices, latent discrimination, or the overly strict interpretation of judicial tests, Indian inmates in the last decade have found it difficult to obtain support from the courts for the exercise of their religious rights.