Criminal Justice in Indian Country: Reducing Crime Through State-Tribal Cooperation

March 2008

Sarah Hammond, JD; Andrea Wilkins, JD/MA; Anne Teigen, JD; and Nithin Akuthota, JD, National Conference of State Legislatures
Eileen Luna-Firebaugh JD/MPA, American Indian Studies Program, University of Arizona

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I. Introduction

Criminal justice in Indian Country is a complicated issue involving state, tribal and federal law enforcement agencies, prisons and judicial systems. The jurisdictional structure as applied to Native Americans and American Indian nations results in overlapping and concurrent authority among these three layers of government or in some cases, jurisdictional gaps, and is a significant contributing factor to the problem of crime in Indian Country. The rules have created a patchwork of state, tribal and federal jurisdiction that vary depending on the type of crime committed, the identity of the perpetrator, the identity of the victim and where the crime occurred.[1] Despite these complications, opportunities for cooperation between the states and tribes do exist.

This publication will review and analyze the complex picture of crime in Indian Country. Section II will discuss the main operating forces and root causes that contribute to this problem. The patchwork of criminal jurisdiction and the lack of sufficient tribal law enforcement resources are chief among the contributing culprits. Section III through VI will flesh out the current state of criminal justice in Native America with a rich body of statistics on crime and victimization rates, sentencing patterns and incarceration levels compared to the broader population. Taken together, the evidence makes a compelling case for lawmakers--state and tribal alike--to address the problems associated with and contributing to crime in Indian Country. The final section attempts to provide lawmakers with policy options, particularly legislative-focused strategies for increasing state-tribal cooperation, and includes a discussion of federal programs that are available to address tribal justice issues.

II. Criminal Jurisdiction in Indian Country

III. Social Implications on Tribal Lands

IV. Crime and Victimization Statistics

V. Sentencing Patterns and Representation of Native Americans in Prison

VI. Policy Options

VII. Federal Legislation and Initiatives

VIII. Conclusion

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Criminal Justice in Indian Country: Reducing Crime Through State-Tribal Cooperation

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