Tribal Crime and Justice was an interesting topic to research because this is something that one does not think about. One does not really hear about Native Americans in data or statistics, and if so, the percentage or numbers are relatively low or their Race is not even noted. This study was conducted to take a look into policing in Indian Nations to better comprehend their laws and to view a future cross deputization agreement between tribal policing and local, county, and state policing. This topic caught my attention because I notice that the reporting information can be misleading and the tribal police officers need to not only be involved in Indian Country but on non-reservation land too. Researchers must understand and into consideration …show more content…
With some exceptions, if there is a serious crime committed on tribal land, the US Attorney along with the Federal Bureau of Investigations take over jurisdiction. According to Wakenling, Jorgensen, Michaelson, and Begay, only crimes committed in Indian Country, on trust land, fall under the jurisdiction of tribes, for tribal jurisdiction, the alleged offender must be an American Indian, as a result of the Major Crimes Act of 1885 (18 U.S.C.A. §1153) and the Indian Civil Rights Act of 1968 (25 U.S.C.A. §1302(7)), tribes have jurisdiction only over less serious crimes. Most serious crimes including: murder, manslaughter, arson, burglary, and robbery, fall under the jurisdiction of Federal authorities (2001). However, there have been times that Indian Country the tribal police will make a charge less serious just that the tribal community can keep the criminal in their criminal justice system instead of the Federal system. Most tribal communities, be that as it may, want to oversee their own particular tribal police, however frequently don't have enough budgetary assets or group trust to help current policing techniques and …show more content…
However, in Indian Country crime seems to be increasing but very little is being reported. According to Mills and Brown, cross deputization tribal police with local, county or state law enforcement agencies, is seen as a means to better facilitate apprehension of criminal offenders who travel from one jurisdiction to another in an attempt to elude capture (2001). This is a great start in improving policing in Indian Country. Local police officers can enter into the reservation and make arrests as to tribal police officers can also make arrests on non reservation land. The cross deputization of both tribal and local police is a necessity for Indian reservations, especially those which include both tribal and nontribal lands. The disadvantage is that only tribes that have their own police force can enter the deputization agreement. These types of reservations are known as “checkerboards”, because according to Mills, when a crime is reported in this area, members of all relevant policing agencies often arrive at the scene to determine with whom investigative jurisdiction
Gaines, L. K., & Kappeler, V. E. (2014). Policing in america (8th ed.). (S. Decker-Lucke, Ed.) Philadelphia, Pennsylvania, United States of America: Anderson Publishing. Retrieved January 2017
For decades, there has always been a very precarious relationship with aboriginal communities and the criminal justice system, especially with issues of indigenous victimisation and over-representation within the custody of police and prisons and the history of colonisation. Over-representation is the disproportionate numbers in which indigenous people come into custody compared to the non-indigenous. Although the justice system has been working together in order to overcome these deep-rooted issues and eliminate any negative associations with indigenous communities. This essay will outline the relationship between aboriginal communities and the police, the concerns associated with this relationship, why they are over-represented in the criminal justice system and the efforts that have been made to prevent this accumulating in the future.
Chapter 4 in The Color of Justice: Race, ethnicity, and crime in America, was about the relations between society and law enforcement officers. This has been a major topic, especially in the United States for a long time. The unfortunate statistic that minorities are more likely to encounter being killed, arrested, and victimized by excessive physical force; has been a real issue even in today’s society. However, police departments are trying to combat the way police officers interact with the community; especially those of color. Although steps have been takes there are still some instances where police aggression happens. With all of the issues that arise between certain minority populated community’s police it is evident that conflict
Amanda Cobb (2005) defines sovereignty as “a nation’s power to self-govern, to determine its own way of life, and to live that life---to whatever extent possible---free from interference.” If tribal sovereignty falls under Cobb’s definition, Native American tribes in the United States are not completely sovereign, for some aspects of their lives are still under the control of the federal government. Tribal councils are still regarded as having tribal sovereignty, but they are limited by federal funding and authority.
As time went on and European and eventually American influence spread across the country, Tribes began to feel their sovereignty threatned as they could no longer deal with wrongdoers on their land the same way they did in the past. The Federal Government began intrude onto Indian Land. In 1817 the U.S passed the General Crimes Act1, whcih gave the Federal Government jurisdiction in Indian Country when a crime was commited if either the victim or derfendent was a non-Native. Then, in 1885, the U.S passed the Major Crimes Act2 which gave the Federal Government jurisdiction in Indian Country over major crimes, such as murder, when the defendent was a Native.
Throughout my career as a Child Protection Social Worker I have worked with Aboriginals from the Mi’kmaq population on numerous occasions; many of which were involved with the CJS at least on one occasion. The Aboriginal Justice Implementation Commission in an article stated “national crime rates for Indian bands are
Policing of persons belonging to First Nations communities is not fair and equal under law, and should be changed in specific ways. Under-policing and over-policing both play significant roles in the unjust treatment of the Indigenous population, which have resulted in their marginalization and oppression in society. Despite the looming contradiction of being fearful of the police, there is still a desire for more police accountability and protection.
Law enforcement and minorities have long been the focus of the criminal justice injustice within the United States. African Americans, Arab Americans, Asian Americans, Native Americans, Hispanic and Latino Americans are a number of communities in the United States along with Caucasian or non-minorities as a whole, which make up a large portion of the United States. Racial discrimination has been a large factor the criminal justice system has been plagued with for many years. In the book Just Mercy, authored by Bryan Stevenson, Stevenson details his life’s work to help those who were wrongfully convicted and biased towards in sentencing. A big part of the book is related to racial discrimination among officers. Analytically I will be looking at the question of whether the relations between the police and minority and non-minority communities differ. I will look at number of factors related to traffic enforcement practices, use of force and arrest of minorities and non-minorities in determining if there is any differences among police community relations.
A history of struggle and isolation from the rest of society has led to the deterioration of Native American cultures and customs and to their rising levels of unemployment, poverty, and crime on reservations. The United States government has had a major role in the coming about of the struggles that persist for Native Americans to this day. As crime and poverty grip the Sioux tribe, they will continue to lose their traditional culture and move farther from who they once were as a people. I will first review how European explorers introduced alcohol to Native American tribes and how this lead to a strong prevalence of alcoholism in the Sioux tribe. Next I will discuss the U.S. government’s use of forced assimilation and boarding schools led to the loss of Native American culture and customs. This led to more anger of the Sioux tribe towards the U.S. government and to outer society as a whole. Third I will analyze the living conditions and complacency felt by the Sioux tribe as seen through the photographs and interviews conducted by journalist Aaron Huey. Lastly, I will assess the efforts taken by the elders and leaders of the Sioux tribe to combat the prevalence of crime on their reservation. The people of the United States and their government have caused many struggles for the Sioux tribe since their existence in America. For these problems to be resolved, the United States needs to take an active role in acknknwoldeging the problem and allocating the necessary resources
This paper provides an overview of the problems facing the police in their efforts to improve relations with minority communities in the United States, as well as a survey of previous research and existing literature on cultural diversity
There is a major negative hole in the relationship between police and the indigenous community; Blagg and Cunneen both convey key relevant statistics that, display relative evidence of a negative relationship between the two groups. Both authors also state past strategies that have been used to identify these issues and work to heal the relationship. The authors also state present strategies that are being used and ideas that could help mend the relationship that has been torn apart between the two groups.
Plan of investigation: It is the purpose of this essay to conduct an analytical observation through interviews of First Nations individuals, RCMP officers and Academic instructors who have experience in Police-First Nation relations. Moreover, the paper will attempt to develop a solution to the Police-First Nation relation; a cooperative form of policing.
Native Americans in the United States have reported to come from many different tribes. American Indians are likely to experience violent crimes at more than twice the rate of all other U.S. residents. The rate of violent crimes committed against Native Americans is substantially higher than any other minority group in the United States. Yet, little or no attention is paid to them. According to information collected by the Bureau of Justice Statistics (BJS), American Indians are likely to experience violent crimes at more than twice the rate of all other U.S. residents.
Native Americans also have disproportionately high rates of criminal offending and victimization. Arrest data from the 2003 UCR indicate that American Indian or Alaskan Natives, who were approximately 0.9 percent of the population in
This essay endeavors to explain what risk factors are and discuss four key risk factors that may assist in explaining the over-representation of Indigenous people in the criminal justice system. These include family violence, alcohol and drug abuse as well as employment and