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Strategies for Administering Indian Country Criminal

Justice

Duane Champagne & Carole GoldbergUCLA Native Nations Law & Policy CenterJune 16, 2009

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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