Tuesday, April 23, 2013

Top Ten Ways to Control Pain Without Drugs

No one wants to live with pain from injury or from chronic conditions like rheumatoid arthritis or back pain, yet the Institute of Medicine estimates 116 million adults suffer chronic pain. An injury that causes chronic pain can be hard to live with, but it's even harder to be dependent on painkillers to get through your day.

Prescription pain pills are not only addictive and a leading cause of overdoses, they are expensive and getting harder to obtain. As a result, many people who have developed opioid addictions are turning to heroin. Before you accept a prescription from your doctor, consider using some of these tried and true natural remedies:

1) Diet: add foods with anti-inflammatory properties, like tumeric, fish oil, olives and olive oil, tart cherries, ginger, red peppers.

2) Alternating heat and cold: use compresses on sore or spasming muscles.

3) Stress reduction: use yoga, tai chi, meditation or similar techniques to gently exercise your body and control pain.

4) Massage: massage therapists take different techniques to treating different conditions or injuries, so ask around to find one who can help you.

 5) Soaking: a hot bath is a good start, but you can add mineral salts (kelp or red seaweed is ideal) and essential oils (like rosemary or holy basil) to amplify the healing effects.

6) Topical herbs: depending on your condition, you might find relief from arnica or capsaicin cream.

7) Physical and occupational therapy: regular guided therapy can relieve pain associated with a sports injury and restore strength and range of motion.

8) Chiropractic care: this method of treatment can be helpful after a traumatic accident or sports injury.

9) Supplements: glucosamine, MSM, chondroitin, white willow bark, devil's claw or boswellia can be used as directed by a natural health care practitioner.

10) Alternative medicine: patients report results from techniques including biofeedback, hypnosis, acupuncture, acupressure and relaxation techniques. If you would like to learn more about the prescription painkiller to heroin connection, sign up for our FREE webinar on this subject or one of our regional sessions to learn more about this connection.

Thursday, March 28, 2013

DOJ Issues FAQ for Prosecuting Under VAWA

click to view Department of Justice VAWA FAW for Tribes larger
Congress recently passed the Violence Against Women Reauthorization Act of 2013, or “VAWA 2013.” This new law includes significant provisions addressing tribal jurisdiction over non-Indian perpetrators of domestic violence. These tribal provisions were proposed by the Justice Department in 2011.

WHAT WILL TRIBES BE ABLE TO DO UNDER THE NEW LAW?
Tribes will be able to exercise their sovereign power to investigate, prosecute, convict, and sentence both Indians and non-Indians who assault Indian spouses or dating partners or violate a protection order in Indian country. VAWA 2013 also clarifies tribes’ sovereign power to issue and enforce civil protection orders against Indians and non-Indians.

WHEN DOES THIS NEW LAW TAKE EFFECT?
Although tribes can issue and enforce civil protection orders now, generally tribes cannot criminally prosecute non-Indian abusers until at least March 7, 2015.

WILL THIS BE VOLUNTARY?
Yes, tribes will be free to participate, or not. The authority of U.S. Attorneys (and state/local prosecutors, where they have jurisdiction) to prosecute crimes in Indian country remains unchanged.

WHAT CRIMES ARE COVERED?
Covered offenses will be determined by tribal law. But tribes’ criminal jurisdiction over non-Indians will be limited to the following, as defined in VAWA 2013:
  • Domestic violence; 
  • Dating violence; and 
  • Criminal violations of protection orders. 
WHAT CRIMES ARE NOT COVERED?
The following crimes will generally not be covered:
  • Crimes committed outside of Indian country;
  • Crimes between two non-Indians; 
  • Crimes between two strangers, including sexual assaults;
  • Crimes committed by a person who lacks sufficient ties to the tribe, such as living or working on its reservation; and 
  • Child abuse or elder abuse that does not involve the violation of a protection order. 
WHAT IS THE PILOT PROJECT?
A tribe can start prosecuting non-Indian abusers sooner than March 7, 2015, if
  • The tribe’s criminal justice system fully protects defendants’ rights under Federal law;
  • The tribe asks to participate in the new Pilot Project; and 
  • The Justice Department grants the tribe’s request and sets a starting date. 
WHAT RIGHTS DO NON-INDIAN DEFENDANTS HAVE?
A tribe must
• Protect the rights of defendants under the Indian Civil Rights Act of 1968, which largely tracks the Federal Constitution’s Bill of Rights, including the right to due process.
• Protect the rights of defendants described in the Tribal Law and Order Act of 2010, by providing
  • Effective assistance of counsel for defendants; 
  • Free, appointed, licensed attorneys for indigent defendants; • Law-trained tribal judges who are also licensed to practice law; 
  • Publicly available tribal criminal laws and rules; and 
  • Recorded criminal proceedings. 
  • Include Indians and non-Indians in jury pools. 
  • Inform defendants ordered detained by a tribal court of their right to file Federal habeas corpus petitions. 
IS THERE NEW FUNDING FOR THE TRIBES?
In VAWA 2013, Congress authorized up to $25 million total for tribal grants in fiscal years 2014 to 2018, but Congress has not yet appropriated any of those funds. However, tribes may continue to apply for funding through DOJ’s Coordinated Tribal Assistance Solicitation (CTAS), which can support VAWA implementation. Additional funding sources may be available through other Federal agencies.

HOW CAN WE LEARN MORE?
Please contact the Justice Department’s Office of Tribal Justice (OTJ) at 202-514-8812 or Office on Violence against Women (OVW) at 202-307-6026, or visit www.justice.gov/tribal.

Friday, March 22, 2013

Teens Getting High On "Weed Candy"

Medical and legal marijuana has led to a growth industry for THC-laden food products, including a range of candy bars, lollipops, gummy candies, chocolates and hard candies that have been finding their way into the hands—and mouths—of school children. Police from Florida to Oregon, through Texas and the Midwest, have been reporting the growing trend. States near Washington and Colorado have also been reporting a sharp increase in drug arrests that also net quantities of marijuana-laced candy. The candy sells on the street for as little as a dollar a piece, but also sells briskly at as much $10 a piece. Some of the candy is made for sale in legal dispensaries, and is packaged to look like common brands of candy.

Other areas are reporting the use of weed candy that is cooked up at home, out of simple ingredients like corn syrup and powdered drink mix. Some kids attempt to make it themselves, but others buy from dealers who make the candy with dangerously concentrated THC, synthetic THC or other unregulated ingredients. The odorless candy can pack a serious punch and seriously impair driving, not to mention ability to learn anything.

In an effort to combat the appeal of marijuana for kids, Georgia has banned the sale of marijuana-flavored candy to minors, but a national measure to ban marketing controlled substances to minors died in the Senate Judiciary Committee.

Parents and police are being advised that even if weed candy hasn't hit your area yet, it's a matter of time. Parents and school officials can watch for unwrapped candy, candy with strange brand names, and the classic signs of marijuana use like slurred words or slowed motor control. Parents can also monitor their kids' Internet history to see if they've been researching DIY recipes.


Friday, March 8, 2013

Hopi Tribe Ready for Enhanced Sentencing, VAWA

The Hopi Tribe recently revised its criminal code in order to start implementing enhanced sentencing under the Tribal Law and Order Act, becoming the first tribe of its size to give its tribal courts more authority under this law.  Thanks to this effort, as well as better training on preserving evidence and criminal reporting, the Hopi will also be among the first tribes in the nation ready to prosecute non-Native domestic violence offenders under the (newly signed!!) Violence Against Women Act. According to a story released today from Fronteras: The Changing America Desk, Hopi Tribal Chairman LeRoy Shingoitewa said,
"This makes me proud because the Hopi Tribe has already taken a step to meet those requirements. All of this helps Hopi and other tribes strengthen control over the crimes that happen on their land. Tribal sovereignty is truly a valuable asset but it also gives us that opportunity to exercise that sovereignty by developing the laws and actually implementing them."
Fred Urbina, the chief prosecutor for the Pascua Yaqui Tribe is anxious to follow in the path of the Hopi and get the tribe in a position to implement VAWA. In an AP story today, he described the tribe's efforts to address the jurisdictional gap as a "patchwork" that is "not satisfactory in all cases."

But as both Shingoitewa and Urbina pointed out, implementing the laws is key. A Harper's article from 2011 explored the different obstacles to reporting, documenting, investigating and prosecuting rape cases, none of which would be affected by the new VAWA law or by enhanced sentencing. Only systemic change, including increased funding, training and data collection could change the conditions that lead to what a U.S. prosecutor told Hopi nurses and officers was a "culture of silence," when it came to sexual and domestic violence.

If the laws are implemented, detention is another key part of what tribes need to address. BIA prisons are insufficient for current populations; it's unlikely that enhanced sentencing and prosecuting more domestic violence cases will help that. With everything else in place, even the Hopi are still seeking funding for new detention facilities.

Wednesday, February 27, 2013

Sequester's Impact on Tribal Law and Order

Across the board cuts to federal programs seem all but assured of going into effect next week. While  the effects won't be apparent right away, everyone will be feeling the pain before long, if the folks in Washington don't do something to reverse this legislation.

Already understaffed tribal courts stand to take a hit, as do programs to support intelligence sharing and provide alternatives to detention. Grant funds to support tribal Community Oriented Policing (like our own Tribal Prescription Drug and Drug Endangered Children program) will be cut a whopping 25%. The Bureau of Prisons will be cut, dashing hopes for improving and staffing tribal detention facilities. Health programs will get cut more than 8%—contrary to a law that states it can't be cut more than 2%—and those cuts are bound to include critical programs to combat substance abuse and support victims of domestic violence or drug endangerment. The BIE will also see crippling cuts to K-12 schools, colleges and vocational schools.

Now is the time to contact your Congressional representatives and let them know that Indian Country needs a federal budget that includes full funding for TLOA, Indian health programs and education programs.  The gains we've been making under TLOA are too important to end up on the chopping block now.

Friday, February 22, 2013

House Bill Keeps Tribal Protections

Republicans in the U.S. House have introduced the Violence Against Indian Women Act of 2013 in response to concerns about the VAWA reauthorization recently passed in the Senate. While this bill protects the rights of tribes to prosecute non-Indians accused of domestic violence on tribal lands, offenders would have the right to request federal prosecution if they felt their Constitutional rights were being violated.

Senator John Barrasso from Wyoming, vice-chair the Senate Committee on Indian Affairs, voted against a previous version of VAWA but supports this one. Barrasso’s spokeswoman, Emily Lawrimore, told Indian Country Today Media Network, “He voted against the recent VAWA bill because it contains provisions that would likely be ruled unconstitutional by the courts. A Supreme Court ruling against this provision could be damaging to tribal authority and have irreversible consequences.”

So will this fix work to ensure the law holds up in court, or will it maintain the status quo, where domestic violence cases rarely get attention from federal prosecutors? Please join us at our LinkedIn Group, SafeRez, to share your thoughts!

Friday, February 8, 2013

What Can We Do About Domestic Violence NOW?

Whether or not the final reauthorization of the Violence Against Women Act allows tribes to prosecute non-Indians who harm Native women, the question still remains of what we are doing, can do and will do to prevent these crimes and bring the perpetrators to justice.

No matter how you look at the statistics, a lot of rape, battering, stalking, child abuse and elder abuse cases already fall under the jurisdiction of tribal authorities, but aren't adequately prevented or prosecuted. The problems are legion. Tribal systems are overburdened, underfunded and often understaffed; the tribal jail system is "unbelievably broken" (according to a comment about a 2008 BIA study); victims and family members are often unwilling to involve police or press charges; drug or alcohol use may impact the reliability of testimony; and when criminals move to other reservations, their arrest records rarely follow them.  Like eating a whale, these obstacles seem overwhelming, but can be reduced one bite at a time.

Congress can:
Fully fund the Tribal Law and Order Act, federal prosecutor's offices and existing public health programs, as well as create new funds for tribes to increase staffing, facilities, training, services and education.

Tribal governments can:
Make addressing domestic violence a priority by encouraging collaboration among tribal departments, seek and allocate funding for service providers and programs, actively participate in education and outreach, and ban non-Native offenders from tribal lands.

Tribal law enforcement can:
Stock adequate rape kits, seek funding to beef up staffing and training, collaborate with federal law enforcement and other tribal police to share best practices and resources, and work with health care providers and tribal or state service providers to deliver victim services, and share data with other tribes.

Tribal courts can:
Implement alternative sentences such as restitution for offenders, document cases so repeat offenders are identified and prosecuted accordingly, share data with other tribes and exercise the enhanced sentencing under TLOA.

Healthcare workers can:
Learn how to identify and screen victims of domestic violence, carefully document and report cases, develop a referral network of service providers, and provide resource materials for patients.

Families and friends can:
Learn about available resources, contact your tribal and federal government representatives to insist on change, organize safety and prevention programs, and support victims in leaving dangerous situations, prosecuting their attacker and in the healing process.

Victims can:
Share experiences with other victims in the community, help each other to find the strength to stop the abuse and to heal, and to raise a voice in protest against a culture that allows these crimes.

More Resources:
National Domestic Violence Hotline
Mending the Sacred Hoop
Tribal grant programs to prevent violence against women
Love is Respect: teen dating violence site
Men's Resource Center for Change
Guide to raising awareness in Indian Country


Do you have more ideas? We want to hear them!! Lamar Associates has started a new group, called SafeRez on LinkedIn and we welcome everyone who wants to change our communities for the better. Come and join the conversation!

Wednesday, January 30, 2013

Take Action on VAWA

The 112th Congress failed to reauthorize the Violence Against Women Act, in part because of its new protections for Native women, which apparently was a sticking point for House Republicans. A new version of the bill, which preserves the protections for Native women, will be voted on in the Senate as early as next week. The National Congress of American Indians have a number of ways you can support the bill.

You can:
Join a National Call TODAY, 3-4 pm EST by calling (877) 856-2376 | Conference ID: 95462308
Call or email your Senators to express your support of the bill: (202) 224-3121 (Capitol switchboard)
**Don't forget to ask them to sponsor the bill if they aren't already!
Participate in the "We need VAWA because...." campaign on Facebook, Instagram & Twitter by using the hashtag #VAWA or #NCAI1944
Join a State of VAWA Twitter chat February 11 at 2 pm EST