Post on 10-Feb-2016
description
1
Strategies for Administering Indian Country Criminal
Justice
Duane Champagne & Carole GoldbergUCLA Native Nations Law & Policy CenterJune 16, 2009
2
Introduction to the Project
Broad Outline of the Research
Overarching question: How to improve community safety and detainee treatment in accordance with tribal visions of justice and tribal sovereignty?
Systematic examination of all components and stages of criminal justice process
Consider crime prevention, jurisdictional arrangements, adjudication process, and alternatives to incarceration, not jails alone
3
Introduction to the Project
Broad Outline of the Research
Start with understanding of complex criminal justice system(s) for Indian country
Working hypothesis: effectiveness of systems will vary with types of administration/control, availability of resources, and extent of “match” with community conceptions of justice
4
Introduction to the Project
What We Already Know about Indian Country Criminal Justice
Crime in Indian Country
Scarcity and weakness of Indian country crime data
Indications that alcohol-related offenses consume greatest police time; concern about crime is high; and police workloads are increasing
5
Introduction to the Project
What We Already Know about Indian Country Criminal Justice
Administration of Justice in Indian Country
Complex “maze” of federal, tribal, and state jurisdiction
Critiques of system focus on:• incompatibility with self-determination policy • lack of accountability to tribal communities • inconsistency with general values regarding criminal
proceedings
6
Introduction to the Project
What We Already Know about Indian Country Criminal Justice
Effective Policing in Indian Country
Studies underscore importance of tribal community control
Tribal control leads to alignment of police/community priorities, values, methods, and resources
Community cooperation with police increases when community trusts police to serve their interests
7
Research Methods
• All interviews from 12 randomly selected confidential sites to be transcribed, coded, and analyzed
• All interviews from federal and state officials to be transcribed, coded, and analyzed
• All quantitative data to be analyzed for significance, using 12 sites plus 50 others
8
Research Completed to Date
• Eleven of twelve primary sites visited• Over 400 interviews completed, transcribed, and coded• Site questionnaires completed for those sites
• Nearly 35 of 50 sites for quantitative surveys in progress with tribal permission
• All federal interviews completed
• Case studies and literature analysis ongoing
14
Patterns So Far
• Inadequate resources and technology, regardless of model
• Resources/technology aside, biggest challenges: Where tribes control, politicization
Where feds control, mismatch of priorities
Where states control, discrimination and bias
15
Potential Tribal Solutions: Resources and Technology
Shared Data-Base within Tribe Coordination of Existing Justice and Social
Service Resources More Resources for Rehabilitation and
Reintegration Alternative Methods of Justice and
Rehabilitation
15
16
Potential Tribal Solutions: Where Tribes Control
Checks and Balances Ensure Legitimacy for Justice System
– Constitutional Solutions– Traditional or Alternative Solutions– Combinations
Indigenous Community-Based Policing Stronger Defense Services Victim Services and Restitution Training Court and Police Personnel1
6
17
Potential Tribal Solutions: Where Federal Government Controls
Exercise Concurrent Jurisdiction Over Major Crimes
Exercise Civil Penalties and Exclusion Over Non-Indian Offenders
Supplement With Tribal Police Supplement With Community-based Justice
Institutions Offer Cultural and Historical Education Enter Into Cooperative Agreements 1
7
18
Potential Tribal Solutions: Where State Governments Control
Establish Tribal Police and Tribal Courts– Exercise Concurrent Jurisdiction– Exercise Civil Penalties and Exclusion Over Non-
Indian Offenders Enter Into Cooperative Agreements Offer Cultural and Historical Education Supplement With Community-based Justice
Institutions Lobby For Retrocession1
8
19
Potential Solutions: Federal Legislation
Tribally Initiated Retrocession Require Greater Federal Court Accountability Increase Tribal Sentencing Authority With
Due Process Authorize Tribal Jurisdiction Over Non-
Indians With Due Process
19
20
Fed Legislation Continued
Encourage Tribal Input and Oversight of Federal Justice and Rehabilitation Programs
Authorize Cultural and Historical Training for FBI and Federal Justice Personnel
More Effective Data Gathering and Sharing Hold Federal and State Indian Country
Criminal Cases in Indian Country Incentives for Cooperative Agreements
20