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Date: November 22, 2024 Fri
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Results for american indians
24 results foundAuthor: Melton, Ada Pecos Title: Final Report: Participatory Evaluation of the Tribal Victim Assistance Programs at the Lummi Nation and Passamaquaddy Tribe Summary: This report summarizes the results of process evaluations of two tribal victim assistance (TVA) programs - the Lummi Victims of Crime (LVOC) Program in Washington State and the Passamaquoddy Tribal Victim Outreach Advocate (TVOA) Program in Maine - both of which are federally funded “on-reservation” victim assistance programs intended to provide permanent, accessible, and responsive crime-victim assistance services on tribal lands. The evaluation focus was: 1) to examine the process used by each TVA Program to address identified problems; 2) to determine how well the TVA programs fit or met victim needs in each tribal community; 3) to understand the program impact on clients; and 4) to identify possible outcomes achieved by the program. Details: Final report to the U.S. National Institute of Justice Source: Internet Resource Year: 0 Country: United States URL: Shelf Number: 117346 Keywords: American IndiansDomestic ViolenceVictim ServicesVictims of CrimeViolence Against Women |
Author: American Indian Development Associates Title: Strategies for Creating Offender Reentry Programs in Indian Country Summary: Strategies for Creating Offender Reentry Programs in Indian Country was written to provide guidance on promising practices and strategies related to offender reentry in Indian Country. It provides a historical overview, gives guidance in developing reentry programs, provides general reentry policy considerations and recommendations, highlights tribal reentry programs, and provides federal and other resources. Details: Washington, DC: U.S. Department of Justice, Office of Justice Programs, Community Capacity Development Office, 2010. 55p. Source: Internet Resource: Accessed February 18, 2011 at: http://www.ojp.usdoj.gov/ccdo/programs/reentry-indiancounty/508_Full_Prisoner_Reentry.pdf Year: 2010 Country: United States URL: http://www.ojp.usdoj.gov/ccdo/programs/reentry-indiancounty/508_Full_Prisoner_Reentry.pdf Shelf Number: 120828 Keywords: American IndiansIndigenous PeoplesOffender Reentry |
Author: Wood, Darryl S. Title: A Review of Research on Alcohol and Drug Use, Criminal Behavior, and the Criminal Justice System Response in American Indian and Alaska Native Communities Summary: This report considers research on the problem of crime resulting from alcohol and other drug abuse in American Indian and Alaska Native (AI/AN) communities. It provides a review of published research from a variety of disciplines and it includes re-analyses of a number of secondary data sources. Overall, our understanding of alcohol and other drug related crime in AI/AN communities is mixed: the degree to which AI/AN substance use – especially alcohol abuse – accompanies violent crime is fairly well established, while our knowledge about the criminal justice response and legal remedies to the problem is sorely deficient. Details: Vancouver, WA: Washington State University Vancouver, Program in Public Affairs, 2009. 103p. Source: Internet Resource: Accessed February 28, 2011 at: http://www.ncjrs.gov/pdffiles1/nij/grants/231348.pdf Year: 2009 Country: United States URL: http://www.ncjrs.gov/pdffiles1/nij/grants/231348.pdf Shelf Number: 120879 Keywords: Alcohol AbuseAlcohol Related Crime, DisorderAmerican IndiansDrug AbuseDrug Abuse and Crime |
Author: Leonardson, Gary R. Title: Native American Crime in the Northwest: 2004-2009 – BIA Information from Alaska, Montana, Wyoming, Idaho, Oregon, and Washington Summary: According to the 2000 census, American Indians and Alaska Natives account for about 1.5 percent or 4.3 million people in the United States. Most (2.5 million) of these listed “American Indian” or “Alaska Native” as their only racial category, while some (1.8 million) indicated “ American Indian” or “Alaska Native” along with one or more additional race categories. It is estimated that nearly half (43.5%) of all American Indians/Alaska Natives reside on Federal reservations or in a tribal statistical area during the 2000 Census. The percents by state of American Indian or Alaska Native for the states covered in this report are: Alaska (15.3%), Washington, (1.7%), Idaho (1.4%), Oregon (1.4%), Montana (6.4%), and Wyoming (2.5%). The offense information for the report was provided by the Office of Law Enforcement and Security within District 5 of the Bureau of Indian Affairs in Billings, Montana. District 5 includes three regions (Mountain, Northwest, and Juneau) with 47 Tribes (or tribal-related law enforcement agencies, covering the states of Montana, Wyoming, Alaska, Idaho, Washington, and Oregon. This report is segmented into three separate reports. The first Section presents the overall results, the second Section provides information by each of the six states, and the third Section presents information by tribal or special law enforcement agencies. Information for all three Sections is presented as general results, illustrating the information that was collected and sent. Little comparison and contrasts are made, because of the varying years the information was reported, along with possible different data collection procedures from year to year. Details: Helena, MT: Montana Board of Crime Control, 2010. 222p. Source: Internet Resource: Accessed May 9, 2011 at: http://www.mbcc.mt.gov/data/SAC/Tribal/NativeCrimeInNorthwest.pdf Year: 2010 Country: United States URL: http://www.mbcc.mt.gov/data/SAC/Tribal/NativeCrimeInNorthwest.pdf Shelf Number: 121681 Keywords: American IndiansCrime RatesCrime StatisticsIndigenous PeoplesRace and Crime |
Author: Adams, William Title: Tribal Youth in the Federal Justice System: Final Report (Revised) Summary: The Tribal Youth in the Federal Justice System project explored issues surrounding the population of American Indian juveniles who are processed in the federal justice system. Juveniles in the federal system are rare, and a substantial proportion enters into the system because of crimes committed on American Indians lands, over which the states have no jurisdiction. While these cases are sometimes handled within a tribe’s own justice system, some are prosecuted federally. Using 1999-2008 data from the Federal Justice Statistics Program and interviews with tribal and federal officials, the study explored the prevalence, characteristics, and outcomes of these youth at each stage of the justice system. In addition, the study examined significant issues surrounding the processing of tribal youth cases, including the reasons that these cases may be handled federally or tribally. This study fills a gap in the literature by providing both statistical and contextual information about tribal and non-tribal juvenile cases in the federal system. Although the data have many limitations, the study pointed to a number of findings, including the following: over the last ten years, about half of all juveniles in the federal system were tribal youth; the number of juveniles in the federal system – both tribal and nontribal -- decreased over this period; most juvenile cases were concentrated in a small number of federal judicial districts; and U.S. Attorneys declined a substantial portion of all juvenile matters referred for prosecution. Tribal and non-tribal juvenile cases differed in significant ways: most tribal youth cases involved violent offenses, while most non-tribal cases involved public order and drug offenses; and tribal youth were more likely to be adjudicated delinquent, while nontribal youth were more likely to be prosecuted as adults. Availability of rehabilitative resources and tribal capacity to prosecute were also found to be important factors in the decision to pursue a tribal youth case in the federal system. Details: Washington, DC: Urban Institute, Justice Policy Center, 2011. 204p. Source: Internet Resource: Accessed August 5, 2011 at: http://www.urban.org/UploadedPDF/412369-Tribal-Youth-in-the-Federal-Justice-System.pdf Year: 2011 Country: United States URL: http://www.urban.org/UploadedPDF/412369-Tribal-Youth-in-the-Federal-Justice-System.pdf Shelf Number: 122299 Keywords: American IndiansCriminal Justice System, Federal (U.S.)Juvenile OffendersTribal Courts |
Author: Van Stelle, Kit R. Title: Red Cliff Anishinaabek Juvenile Justice Study: Final Report Summary: The Anishinaabek Juvenile Justice Study was developed by the First American Prevention Center of the Red Cliff Band of Lake Superior Chippewa Indians and supported by the U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention. The purpose of the study was to formulate community-defined options to improve services for high-risk youth involved in the Red Cliff juvenile justice system and to build the capacity of the Red Cliff community to utilize evaluation techniques to address emerging community needs. Details: Madison, WI: University of Wisconsin-Madison, Medical School, Department of Population Health Sciences, 2003. 210p. Source: Internet Resource: Accessed August 22, 2011 at: http://uwphi.pophealth.wisc.edu/about/staff/vanstellek/RedCliffAnishinaabekJuvenileJusticeStudy-Oct2003.pdf Year: 2003 Country: United States URL: http://uwphi.pophealth.wisc.edu/about/staff/vanstellek/RedCliffAnishinaabekJuvenileJusticeStudy-Oct2003.pdf Shelf Number: 122445 Keywords: American IndiansJuvenile CourtsJuvenile Justice Systems (Minnesota)Juvenile Offenders (Minnesota)Tribal Courts |
Author: Arya, Neelum Title: A Tangled Web of Justice: American Indian and Alaska Native Youth in Federal, State and Tribal Justice Systems Summary: This report presents an examination of how Native American youth are disproportionately affected by transfer laws. Key findings include that many Native American youth commit low-level offenses and receive either no court intervention or disproportionately severe sanctions. Also examines the interaction of the tribal justice system with the state and federal justice systems and how that impacts youth transfer. Details: Washington, DC: Campaign for Youth Justice, 2009. 43p. Source: Internet Resource: Policy Brief, Race and Ethnicity Series Vol. 1: Accessed October 4, 2011 at: http://www.campaignforyouthjustice.org/documents/CFYJPB_TangledJustice.pdf Year: 2009 Country: United States URL: http://www.campaignforyouthjustice.org/documents/CFYJPB_TangledJustice.pdf Shelf Number: 114889 Keywords: American IndiansIndigenous YouthJuvenile Court TransferMinority YouthWaiver (of Juvenile Court Jurisdiction) |
Author: U.S. Department of Justice. Justice Programs Council on Native American Affairs Title: Tribal Justice Advisory Group: Final Report Summary: The Tribal Justice Advisory Group or TJAG is an independent group of tribal leaders and officials made up of one delegate and one alternate from each of the twelve regions of the United States as defined by the Bureau of Indian Affairs, plus one delegate and one alternate from two of the largest American Indian, Alaska Native, and Native American (AI/AN/NA) nonprofit organizations, the National Congress of American Indians (NCAI) and the National Indian Health Board (NIHB). After a consultation involving tribal leaders in Phoenix, Arizona, the TJAG was chartered in 2007 by recommendation of the Justice Programs Council on Native American Affairs (JPCNAA), a council of senior-level Office of Justice Programs (OJP) leaders and tribal liaisons from each of the offices of OJP and other DOJ agencies. While the JPCNAA represents OJP’s efforts to coordinate internally its diverse tribal efforts, the TJAG is a medium through which AI/AN/NA external perspectives and tribal input can be brought to bear on those efforts of OJP in order to better serve tribes. During the three years since its establishment, the TJAG was the only body of its kind at the Department of Justice, a truly independent voice for tribes at OJP. However, in October 2009, Attorney General (AG) Eric Holder announced that he would create an AG-level independent advisory group called the Tribal Nations Leadership Council or TNLC. As a result, the TJAG will sunset into the new TNLC. At a final working group meeting held June 16th and 17th of 2010 in Rapid City, SD, the TJAG drafted this final report to make a record of its history, resources, goals, accomplishments, and recommendations, intending it not only to be viewed by OJP and DOJ staff and the public at large, but also specifically to serve as a tool for the newly-created TNLC as it picks up where the TJAG left off. Details: Washington, DC: U.S. Department of Justice, 2010. 205p. Source: Internet Resource: Accessed October 22, 2011 at: http://www.ojp.usdoj.gov/programs/pdfs/tjagreport.pdf Year: 2010 Country: United States URL: http://www.ojp.usdoj.gov/programs/pdfs/tjagreport.pdf Shelf Number: 123085 Keywords: American IndiansIndians of North AmericaNative AmericansTribal CourtsTribal Justice (U.S.)Tribal Police |
Author: Creel, Barbara Title: Tribal Court Convictions and the Federal Sentencing Guidelines: Respect for Tribal Courts and Tribal People in Federal Sentencing Summary: This article critiques a proposal to include tribal court criminal convictions and sentences in the federal sentencing scheme. The proposal, as articulated by Kevin Washburn, calls for an amendment to the Federal Sentencing Guidelines to count tribal court convictions in calculating an Indian defendant’s criminal history score to determine a federal prison sentence. Currently, tribal court convictions are not directly counted in criminal history, but may be used to support an “upward departure” to increase the Native defendant’s overall federal sentence. Washburn’s proposal seeks to gain “respect” for tribal courts, based upon a premise that tribal convictions must be afforded the same weight and treatment as federal and state criminal convictions under the Federal Sentencing Guidelines. This Article explores the idea of respect for tribal courts and convictions in the context of their history and connection to tribal peoples and communities. Ultimately, this Article concludes that respectful treatment would not tolerate placing a tribal defendant in such a powerless position within the federal sentencing hierarchy. A proposal that would negatively impact only Native American defendants in a foreign justice system in the name of respect warrants critical review. As an Assistant Federal Public Defender, I had the opportunity to view the application of federal criminal laws from the front and the back end of the criminal justice system, from trial to post-conviction. As a Native woman, I have seen the impact of crime, justice, and federal sentencing on tribal people, families, and whole communities. It is from this perspective that I focus the lens of respect on the work of tribal courts and criminal justice in Indian Country, and ultimately oppose any amendment in federal sentencing to count tribal court convictions to increase federal sentences for Native criminal defendants. A review of the historical diminishment of tribal authority over crime and punishment on the reservation, as well as the disparate impact of crime and punishment on Native peoples, leads to a rejection of counting tribal court convictions in federal sentencing. This Article proposes an alternative view that both respects Native American individuals caught in the criminal justice system and elevates tribal sovereignty. Details: Albuquerque, NM: University of New Mexico School of Law, 2011. 59p. Source: Internet Resource: Accessed October 29, 2011 at: UNM School of Law Research Paper No. 2011-11: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1949738 Year: 2011 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1949738 Shelf Number: 123168 Keywords: American IndiansNative AmericansSentencing, Federal CourtsTribal CourtsTribal Justice |
Author: Pierce, Alexandra (Sandi) Title: New language, old problem: Sex trafficking of American Indian women and children Summary: The selling of North America’s indigenous women and children for sexual purposes has been an ongoing practice since the colonial era. There is evidence that early British surveyors and settlers viewed Native women’s sexual and reproductive freedom as proof of their “innate” impurity, and that many assumed the right to kidnap, rape, and prostitute Native women and girls without consequence (see Deer, 2010; Fischer, 2001; Smith, 2003; Waselkov & Braund, 1995). Today, major centers for sex trafficking include cities near rural, high-poverty First Nations reserves, American Indian reservations, and Alaskan Native communities.1 The FBI recently noted, “There have been traffickers and pimps who specifically target Native girls because they feel that they’re versatile and they can post them [online] as Hawaiian, as Native, as Asian, as you name it” (Hopkins, 2010). The U.S. and Canada have only recently classified human trafficking as a form of slavery subject to major penalties. In 2000, the U.S. passed the Trafficking Victims Protection Act (TVPA), the first nation to criminalize human trafficking. One section of the TVPA focuses explicitly on sex trafficking, making it illegal to “recruit, entice, or obtain a person to engage in commercial sex acts, or to benefit from such activities” (see18 U.S.C. § 1591 and 22 U.S.C. § 7101, 7102, and 7105). Also in 2000, Canada, the U.S., and 115 other nations signed the United Nations Convention of Member States’ Palermo Trafficking Protocol, which criminalized sex and labor trafficking. Canada ratified the Protocol in 2002, and the U.S. did so in 2005 (United Nations Office on Drugs and Crime, 2008). As of August 2011, forty U.S. states had also passed sex trafficking legislation (Polaris Project, 2011). This legal reframing of the sale of human beings for sexual purposes has resulted in new research and new efforts to address it. In our discussion, we summarize published materials on the commercial sexual exploitation of indigenous women and children in the U.S. and Canada and the legal issues related to their protection. We begin with a brief discussion of the unique vulnerability of Native women and children. This is followed by a summary of research with Native women and girls in the sex trade. Next, we discuss gaps in legal protections and victims support services. Drawing on these, we conclude with implications for professionals. Details: Harrisburg, PA: National Online Resource Center on Violence Against Women, 2011. 15p. Source: VAW.net Applied Research: Accessed March 23, 2012 at http://www.vawnet.org/Assoc_Files_VAWnet/AR_NativeSexTrafficking.pdf Year: 2011 Country: United States URL: http://www.vawnet.org/Assoc_Files_VAWnet/AR_NativeSexTrafficking.pdf Shelf Number: 124720 Keywords: Adult VictimsAmerican IndiansFemale VictimsJuvenile VictimsSex Trafficking |
Author: Minton, Todd D. Title: Jails in Indian Country, 2009 Summary: At midyear 2009, a total of 2,176 inmates were confined in Indian country jails, a 1.9% increase from the 2,135 inmates confined at midyear 2008 (figure 1). This count was based on data from 80 facilities, including jails, confinement facilities, detention centers, and other correctional facilities, that were in operation in Indian country at midyear 2009. For 2008, the number of inmates was based on data for 82 facilities in operation at midyear 2008. The number of inmates held in Indian country jails between 2004 and 2009 increased by 25% from 1,745 to 2,176. On June 30, 2009, the number of American Indians and Alaska Natives confined in jails outside of Indian country (9,400) was more than 4 times the number held in jails in Indian country. (See box on page 2.) The number of jails in Indian country has increased between 2004 and 2009 The Bureau of Justice Statistics (BJS) collected data from 68 correctional facilities in Indian country in 2004, from 79 in 2007, from 82 in 2008, and from 80 in 2009. The survey was not conducted in 2005 and 2006. Over the 5-year period, a number of facilities closed and new facilities became operational. Eleven facilities permanently closed between 2004 and 2009 and a total of 21 facilities were newly constructed. BJS estimated inmate population counts for 7 facilities in 2004 and 4 facilities in 2007 that did not respond to the surveys. All known operating facilities responded to the 2008 and 2009 surveys. See Methodology for additional details on facility counts and participation in the surveys. Details: Washington, DC: Bureau of Justice Statistics, 2011. 20p. Source: BJS Bulletin: Internet Resource: Accessed May 8, 2012 at http://bjs.ojp.usdoj.gov/content/pub/pdf/jic09.pdf Year: 2011 Country: United States URL: http://bjs.ojp.usdoj.gov/content/pub/pdf/jic09.pdf Shelf Number: 125205 Keywords: American IndiansCorrectional InstitutionsInmatesJailsNative Americans |
Author: Perry, Steven W. Title: Tribal Crime Data Collection Activities, 2012 Summary: Describes Bureau of Justice Statistics (BJS) activities to collect and improve data on crime and justice in Indian country, as required by the Tribal Law and Order Act, 2010. The report summarizes BJS's comprehensive outreach and collaboration strategy to implement a census of courts operating in Indian country. It presents data from the 2010 Census of Population and Housing, which was conducted by the U.S. Census Bureau, about American Indians and Alaska Natives (AIAN), their tribal affiliations, and the populations of AIAN reservations and villages. It also includes federal justice statistics on federal suspects investigated and charges filed for offenses occurring in Indian country. The report describes tribal law enforcement agencies and the number of agencies with identifiable crime data in the FBI's Uniform Crime Reporting Program. It summarizes tribal eligibility for Edward Byrne Memorial Justice Assistance Grant (JAG) awards. Highlights include the following: In 2010, the self-identified American Indian and Alaska Native (AIAN) population totaled 5.2 million, or 1.7% of the estimated 308.7 million people in the United States. About 3.5 million (76%) of the 4.6 million people living on American Indian reservations or in Alaska Native villages in 2010 were not AIAN. Tribally operated law enforcement agencies in Indian country employed 3,043 full-time equivalent (FTE) personnel in 2008. Details: Washington, DC: Bureau of Justice Statistics, Office of Justice Programs, U.S. Department of Justice, 2012. 18p. Source: Technical Report: Internet Resource: Accessed October 13, 2012 at http://bjs.ojp.usdoj.gov/content/pub/pdf/tcdca12.pdf Year: 2012 Country: United States URL: http://bjs.ojp.usdoj.gov/content/pub/pdf/tcdca12.pdf Shelf Number: 126687 Keywords: American IndiansCrime Statistics (U.S.)Indians of North AmericaIndigenous PeoplesNative AmericansTribal CourtsTribal JusticeTribal Law Enforcement |
Author: Fahey, Jennifer Title: Crime and Justice in Indian Country: A summary of Talking Circle Findings and the Tribal Law and Order Act of 2010 Summary: This report summarizes information regarding culture and criminal justice issues in Indian Country today, most of it gathered through talking circles and focus groups with members of different American Indian communities in the United States in 2009-2010. Findings from the talking circles highlight some of the major issues facing American Indian tribal governments and communities in terms of criminal justice issues, strategies being used to address such issues, and areas in need of improvement. The intent of this writing is to educate those who may not be familiar with American Indian culture, courts, governments, and current criminal justice challenges; to better inform those making Indian policy and funding decisions; to share with tribal communities a sampling of criminal justice resources and initiatives in Indian Country today, and to outline for all the significant legal changes created by the recently enacted Tribal Law and Order Act. Chapter 1 of the report discusses the legal framework of tribal criminal justice systems in the United States, including an overview of tribal sovereignty, the role of tribal courts, and an introduction of Public Law 280 (PL 280) and jurisdictional authority. Chapter 2 summarizes the talking circle discussions, focusing primarily on the complexities of jurisdictional issues, program needs and resources, and culture and cultural identity as the foundation for tribal justice. With one exception, all talking circles were held prior to the enactment of the Tribal Law and Order Act (also referred to as the TLOA); consequently, discussion of jurisdictional issues in Chapter 2 does not reflect the legal amendments created by the TLOA. Finally, Chapter 3 describes some of the recent changes brought about by the Tribal Law and Order Act, which was passed in July 2010. The Talking Circles Initiative grew out of a larger research project conducted by the Crime and Justice Institute (CJI) at Community Resources for Justice, examining how culture may play a role in assessing and treating the needs of American Indian offenders in order to help reduce criminal behavior and rates of incarceration. To determine the impact of culture on risk and need assessment and the resulting interventions, data elements from thousands of probation files were reviewed and risk scores of American Indian offenders were compared to those of the general population to determine whether discrepancy exists.2 A significant part of this research focused on state and local corrections agencies because the research design required a comparison between American Indian and non-American Indian offenders. Tribal justice systems, by definition, do not serve non-Indian offenders, making such a comparison impossible. Consequently, CJI believed it important to hear from tribal communities on the issues of culture and crime, both deeply complex issues with differing implications for tribes. Participating tribal communities represented both Public Law 280 and non-Public Law 280 states, geographically diverse communities, and different levels of development in terms of tribal self-governance. Participants included two tribal communities in the Southwest, two tribal communities in the Southeast, and four tribal communities in the Midwest. Areas of discussion included sovereign governments, tribal justice systems, criminal justice needs, strength-based strategies that may have possibility of application or replication in other communities, and how culture plays a role in the system. It is important to recognize that there are over 560 federally recognized tribes in the United States. The information contained in this document is intended as a sampling of information gathered from a handful of Indian nations, tribes or bands across the Country. In no way should the information contained herein be interpreted as representative of all tribal communities. Further, this report provides an introduction to the legal complexities and cultural richness of tribal people and their governments. Additional reading and discussions with tribal justice stakeholders are encouraged. Details: Boston: Crime and Justice Institute at Community Resources for Justice, 2011. 31p. Source: Internet Resource: Accessed December 1, 2012 at: http://tloa.ncai.org/documentlibrary/2011/08/Talking_Circles_Report_Final_Jul11.pdf Year: 2011 Country: United States URL: http://tloa.ncai.org/documentlibrary/2011/08/Talking_Circles_Report_Final_Jul11.pdf Shelf Number: 127091 Keywords: American IndiansIndians of North AmericaTalking CirclesTribal Justice (U.S.)Tribal Law and Order Act of 2010 |
Author: U.S. Department of the Interior. Bureau of Indian Affairs Title: Crime-Reduction Best Practices Handbook: Making Indian Communities Safe 2012 Summary: This handbook contains the successful strategies with information ranging from general approaches to specific details that should be in place to successfully implement strategies. Although specific applications of best practices may vary from location to location, the basic approach to crime-reduction outlined in this handbook is relevant to all law enforcement entities in Indian Country. This handbook is organized into six sections: section 1, The Conceptual Framework, entitled “Formula for Success,” overviews the crime-reduction strategies and how they interrelate to achieve the overall goal of reduced violent crime. Sections 2 through 6, “Implementation and Results,” examine the implementation of each strategy; analyzes which strategies were successful; describes what challenges were faced; and indicates what positive outcomes were achieved. The appendixes provide specific formats and vehicles used to implement the strategies. This part of the handbook is particularly useful to facilitate implementation at other reservations. Information contained in the appendixes includes the formats used for each strategy (e.g., shift reports, operating plans, memoranda of understanding (MOUs) with other agencies, press releases); violent crime and property crime statistics at each High Priority Performance Goal (HPPG) reservation; demographic information for each HPPG reservation with other non-HPPG locations with similar population and acreage; a blank interview guide used for obtaining specific information from the HPPG reservations; and a list of the information sources used to compile this handbook. Details: Washington, DC: Office of Justice Services, Bureau of Indian Affairs, 2012. 124p. Source: Internet Resource: Accessed December 16, 2012 at http://www.bia.gov/cs/groups/xojs/documents/text/idc-018678.pdf Year: 2012 Country: United States URL: http://www.bia.gov/cs/groups/xojs/documents/text/idc-018678.pdf Shelf Number: 127211 Keywords: American IndiansCrime ReductionIndians of North AmericaIndigenous PeoplesNative AmericansReservation CrimesReservation Law EnforcementTribal JusticeTribal Law Enforcement |
Author: Indian Law and Order Commission Title: A Roadmap For Making Native America Safer. Report To The President And Congress Of The United States Summary: These recommendations are intended to make Native American and Alaska Native nations safer and more just for all U.S. citizens and to reduce the unacceptably high rates of violent crime that have plagued Indian country for decades. This report reflects one of the most comprehensive assessments ever undertaken of criminal justice systems servicing Native American and Alaska Native communities. The Indian Law and Order Commission is an independent national advisory commission created in July 2010 when the Tribal Law and Order Act was passed and extended earlier in 2013 by the Violence Against Women Act Reauthorization (VAWA Amendments). The President and the majority and minority leadership of the Congress appointed the nine Commissioners, all of whom have served as volunteers. Importantly, the findings and recommendations contained in this Roadmap represent the unanimous conclusions of all nine Commissioners - Democratic and Republican appointees alike - of what needs to be done now to make Native America safer. As provided by TLOA, the Commission received limited funding from the U.S. Departments of Justice and the Interior to carry out its statutory responsibilities. To save taxpayers' money, the Commission has operated entirely in the field - often on the road in federally recognized Indian country - and conducted its business primarily by phone and Internet email. The Commission had no offices. Its superb professional staff consists entirely of career Federal public officials who have been loaned to the Commission as provided by TLOA, and we are grateful to them and the Departments of Justice and the Interior. TLOA has three basic purposes. First, the Act was intended to make Federal departments and agencies more accountable for serving Native people and lands. Second, TLOA was designed to provide greater freedom for Indian Tribes and nations to design and run their own justice systems. This includes Tribal court systems generally, along with those communities that are subject to full or partial State criminal jurisdiction under P.L. 83-280. Third, the Act sought to enhance cooperation among Tribal, Federal, and State officials in key areas such as law enforcement training, interoperability, and access to criminal justice information. In addition to assessing the Act's effectiveness, this Roadmap recommends long-term improvements to the structure of the justice system in Indian country. This includes changes to the basic division of responsibility among Federal, Tribal, and State officials and institutions. The theme here is to provide for greater local control and accountability while respecting the Federal constitutional rights of all U.S. citizens. Some of the Commission's recommendations require Federal legislative action. Others are matters of internal executive branch policy and practice. Still others must be addressed by the Federal judiciary. Finally, much of what the Commission has proposed will require enlightened and energetic leadership from the State governments and, ultimately, Native Americans and Alaska Native citizens and their elected leaders. The Commission finds that the public safety crisis in Native America is emphatically not an intractable problem. More lives and property can and will be saved once Tribes have greater freedom to build and maintain their own criminal justice systems. The Commission sees breathtaking possibilities for safer, strong Native communities achieved through home-grown, tribally based systems that respect the civil rights of all U.S. citizens, and reject outmoded Federal command-and-control policies in favor of increased local control, accountability, and transparency. Details: Washington, DC: Indian Law & Order Commission, 2013. 326p. Source: Internet Resource: Accessed November 23, 2013 at: https://www.indianlawandordercommission.com/report/files/A_Roadmap_For_Making_Native_America_Safer-Full.pdf Year: 2013 Country: United States URL: https://www.indianlawandordercommission.com/report/files/A_Roadmap_For_Making_Native_America_Safer-Full.pdf Shelf Number: 131687 Keywords: American IndiansCriminal Justice SystemsIndians of North AmericaIndigenous PeoplesNative Americans |
Author: Tribal Law and Policy Institute Title: Promising Strategies: Tribal-State Court Relations Summary: Tribal courts and state courts interact across an array of issues, including child welfare, cross-jurisdictional enforcement of domestic violence orders of protection, and civil commitments. In Public Law 2801 (PL 280) jurisdictions, the concurrent jurisdiction of state and tribal courts over criminal prosecutions and civil actions arising in Indian Country creates even more interactions and complications. Tensions and misunderstandings have been common features of tribal and state court relations in the past, sometimes erupting in jurisdictional conflicts. The different cultures, legal traditions, political systems, histories, and economic positions of state and tribal courts have contributed to these challenges. Since the early 1990s, however, initiatives by judges' organizations within both judicial systems have focused on an agenda of greater mutual understanding and cooperative action. Individual judges and court systems have also taken up the challenge, devising innovative programs that sidestep conflict in the interests of common goals such as greater community safety and child protection. State court leadership and court improvement organizations, such as the Conference of Chief Justices and the National Center for State Courts, and funding agencies, such as the Bureau of Justice Assistance (BJA) in the U.S. Department of Justice, have supported their undertakings. This publication spotlights some of the most successful strategies within these initiatives. The authors hope is that other tribes and states seeking to negotiate complicated relationships will discover new options for solutions and find inspiring stories of collaboration within this publication. Details: West Hollywood, CA: Trial Law and Policy Institute, 2013. 55p. Source: Internet Resource: Accessed November 20, 2014 at: http://www.walkingoncommonground.org/files/Promising%20Strategies%20Tribal-State%20Court%20Final%203-13.pdf Year: 2013 Country: United States URL: http://www.walkingoncommonground.org/files/Promising%20Strategies%20Tribal-State%20Court%20Final%203-13.pdf Shelf Number: 134175 Keywords: American Indians Child WelfareCourt SystemsDomestic ViolenceIndians of North AmericaJudicial SystemsTribal Courts |
Author: Folsom-Smith, Christine Title: Enhanced Sentencing in Tribal Courts: Lessons Learned from Tribes Summary: The Tribal Law & Order Act of 2010 (TLOA)1 was signed into law on July 29, 2010 by President Obama. The TLOA amends the Indian Civil Rights Act by allowing felony sentencing for certain crimes through the provision of enhanced sentencing authority, establishes new minimum standards for protecting defendants' rights in the tribal court system, and encourages federally-recognized Indian tribes (tribes) to consider the use of alternatives to incarceration or correctional options as a justice system response to crime in their communities. Further, the Act authorizes the Attorney General to permit tribes access to National Crime Information Center (NCIC) data, and to grant concurrent jurisdiction/retrocession to the federal government by tribes in Public Law 83-280 as amended, often referred to as PL 280 states. The decision to implement enhanced sentencing authority is left up to each individual tribe. A handful of tribes have begun or have completed establishing the mechanisms required under TLOA to pronounce enhanced sentences. This publication is designed to provide a brief overview, not a comprehensive review, of the changes under TLOA regarding enhanced sentencing authority, offer considerations for correctional/detention and community corrections programming related to enhanced sentences, and provide tribes with a checklist to help guide discussions around implementation of enhanced sentencing authority. Additionally, this publication explores the adoption of TLOA's enhanced sentencing authority through interviews with several tribal court judges and personnel who have been intricately involved in establishing the provisions required to convey enhanced sentences, highlighting the beginning of change at the tribal level, the processes and challenges faced by these courts, the current status of the implementation as of the date of the interviews, and any other aspects of implementation that the interviewees shared. Finally, this publication will provide information on financial resources to fund enhanced sentencing authority implementation. Details: Washington, DC: U.S. National Institute of Justice, Bureau of Justice Assistance, 2015. 17p. Source: Internet Resource: Accessed April 8, 2015 at: https://www.bja.gov/Publications/TLOA-TribalCtsSentencing.pdf Year: 2015 Country: United States URL: https://www.bja.gov/Publications/TLOA-TribalCtsSentencing.pdf Shelf Number: 135180 Keywords: American IndiansIndians of North AmericaSentencingTribal Courts (U.S.) |
Author: Finn, Kathleen Title: Responsible Resource Development and Prevention of Sex Trafficking: Safeguarding Native Women and Children on the Fort Berthold Reservation Summary: In 2010, large deposits of oil and natural gas were found in the Bakken shale formation, much of which is encompassed by the Fort Berthold Indian reservation, home to the Mandan, Hidatsa, and Arikara Nation ("MHA Nation" or "Three Affiliated Tribes" or "the Tribe"). However, rapid oil and gas development has brought an unprecedented rise of violent crime on and near the Fort Berthold reservation. Specifically, the influx of well-paid male oil and gas workers, living in temporary housing often referred to as "man camps," has coincided with a disturbing increase in sex trafficking of Native women. The social risks of oil development on American Indian reservations like Fort Berthold are distinct from development in other areas in the United States. The complex and shifting nature of federal Indian law presents legal and practical challenges to law enforcement in civil and criminal contexts. Further, the historical exploitation of Indian lands and people informs current social and economic conditions that contribute to increased sex trafficking of Native women and children. This paper begins by describing the intersection of sex trafficking and oil and gas development on the Fort Berthold reservation. Next, the paper describes the jurisdictional regime within federal Indian law and other barriers to law enforcement that have created a situation ripe for trafficking and other crime on the Fort Berthold reservation. Third, the paper will examine strategies to address this complex issue including: corporate engagement of relevant companies; tribal capacity and coalition building; and remedies contained in the Violence Against Women Act of 2014. This paper asserts that all of the stakeholders involved in oil development on the Fort Berthold reservation - federal, state, tribal, and public and private companies - must work cooperatively to decisively eliminate sex trafficking of Native women and children Details: Boulder, CO: American Indian Law Clinic, University of Colorado at Boulder, School of Law, 2016. 41p. Source: Internet Resource: Accessed February 19, 2016 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2723517 Year: 2016 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2723517 Shelf Number: 137896 Keywords: American IndiansHuman TraffickingNative AmericansNatural ResourcesSex Trafficking |
Author: Rosay, Andre B. Title: Violence Against American Indian and Alaska Native Women and Men: 2010 Findings From the National Intimate Partner and Sexual Violence Survey Summary: This report examines the prevalence of violence against American Indian and Alaska Native women and men, using a large nationally representative sample from the National Intimate Partner and Sexual Violence Survey (NISVS). More specifically, it provides estimates of sexual violence, physical violence by intimate partners, stalking, and psychological aggression by intimate partners. It also provides estimates of interracial and intraracial victimizations and briefly examines the impact of violence. Results should be used to raise awareness and understanding about violence against American Indian and Alaska Native women and men. National Intimate Partner and Sexual Violence Survey The NISVS was launched in 2010 by the National Center for Injury Prevention and Control of the U.S. Centers for Disease Control and Prevention (CDC) with the support of the National Institute of Justice and the Department of Defense. This survey provides detailed information about sexual violence, physical violence by an intimate partner, stalking, and psychological aggression by an intimate partner. The analysis in this report is based on two of the samples that were included in the 2010 NISVS - the general population sample and the American Indian and Alaska Native over-sample. These two samples provide information from 2,473 adult women and 1,505 adult men who identified themselves as American Indian or Alaska Native, alone or in combination with another racial group. Most women (83 percent) and most men (79 percent) were affiliated or enrolled with a tribe or village. For both women and men, more than half (54 percent for both) had lived within reservation boundaries or in an Alaska Native village in the past year. The NISVS has important limitations: Only certain types of victimizations were included, the survey was only administered by phone, and it was not conducted in any indigenous languages. As with other victimization surveys, estimates may be impacted by recall errors and by the continuing stigma associated with disclosing victimizations. Some estimates have large margins of error. Despite these limitations, the survey also has important strengths: It uses behaviorally specific questions and it was administered to a large, nationally representative sample. The survey results provide the most thorough assessment on the extent of violence against American Indian and Alaska Native women and men. Details: Washington, DC: U.S. National Institute of Justice, 2016. 82p. Source: Internet Resource: Accessed May 25, 2016 at: https://www.ncjrs.gov/pdffiles1/nij/249736.pdf Year: 2016 Country: United States URL: https://www.ncjrs.gov/pdffiles1/nij/249736.pdf Shelf Number: 139150 Keywords: American IndiansFamily ViolenceIntimate Partner ViolenceNative AmericansSexual AssaultSexual ViolenceViolence Against Women |
Author: Lindquist, Christine Title: Cross-site evaluation of the Office of Juvenile Justice and Delinquency Prevention Tribal Green Reentry Program. Final technical report Summary: From 2009 through 2014, the Office of Juvenile Justice and Delinquency Prevention (OJJDP) funded demonstration grants to incorporate green technologies and environmentally sustainable activities in programs designed to help detained and reentering tribal youth successfully reintegrate into their communities and to prevent future juvenile justice system involvement among at-risk youth. Three American Indian tribes received Tribal Juvenile Detention and Reentry Green Demonstration ("Green Reentry") grants: the Hualapai Indian Tribe (Arizona), the Mississippi Band of Choctaw Indians (MBCI; Mississippi), and the Rosebud Sioux Tribe (RST; South Dakota). Throughout their grant periods, the three sites received training and technical assistance from the Tribal Juvenile Detention and Reentry Resource and Technical Assistance Center, managed by the Education Development Center. The cross-site evaluation was led by RTI International and American Indian Development Associates, LLC (AIDA), from 2011 through 2014. The goals of the cross-site evaluation were to document the implementation of the Green Reentry programs and to determine the extent of the initiative's impact on the tribal youth and communities served. The evaluation included a comprehensive process evaluation and a mixed-methods outcome evaluation. Details: Research Triangle Park, NC: RTI International, 2014. 89p. Source: Internet Resource: Accessed October 24, 2016 at: https://www.rti.org/sites/default/files/resources/final_technical_report.pdf Year: 2014 Country: United States URL: https://www.rti.org/sites/default/files/resources/final_technical_report.pdf Shelf Number: 134422 Keywords: American IndiansAt-Risk YouthDelinquency PreventionNative Americans |
Author: U.S. Government Accountability Office Title: Human Trafficking: Action Needed to Identify the Number of Native American Victims Receiving Federally-funded Services Summary: All four federal agencies that investigate or prosecute human trafficking in Indian country-the Federal Bureau of Investigation (FBI), the Bureau of Indian Affairs (BIA), U.S. Immigration and Customs Enforcement (ICE), and the U.S. Attorneys' Offices (USAO) 0 are required to record in their case management systems whether a human trafficking offense was involved in the case. With the exception of ICE, these agencies are also required to record in their case management systems whether the crime took place in Indian country. ICE officials explained that the agency does not record this information because, unlike BIA and the FBI, ICE is not generally involved in criminal investigations in Indian country. Typically, ICE would only conduct an investigation in Indian country if specifically invited by a tribe to do so. Further, with the exception of BIA, these agencies do not require their agents or attorneys to collect or record Native American status of victims in their cases due to concerns about victim privacy and lack of relevance of the victim's race to the substance of the investigation or prosecution. The Departments of Justice (DOJ), Health and Human Services (HHS), and Homeland Security (DHS) administered at least 50 grant programs from fiscal years 2013 through 2016 that could help address Native American human trafficking. For example, 21 of these grant programs, which were administered by DOJ and HHS, could be used to provide services to Native American human trafficking victims. However, the total number of Native American victims who received services under these grant programs is unknown. HHS is developing a data collection tool that grantees can use to report information on human trafficking victims served, including Native American status of victims. DOJ's Office on Violence Against Women (OVW) requires grantees to report Native American status of victims served, but not by type of crime. DOJ's Office for Victims of Crime (OVC) and the Office of Juvenile Justice and Delinquency Prevention (OJJDP) do not require grantees to collect and report Native American status of victims served. However, in fiscal year 2017, OVC began providing recipients of human trafficking - specific grant programs the option to report the race or Native American status of victims served. While Native American status may not generally be a factor for determining whether a victim can receive services, it may be a factor for determining how best to assist this particular demographic. According to the 2013-2017 Federal Strategic Action Plan on Services for Victims of Human Trafficking in the United States, expanding human trafficking data collection and research efforts for Native Americans and other vulnerable populations is an area for improvement for the federal government. Additionally, Standards for Internal Control in the Federal Government states that quality information should be used to achieve objectives based on relevant data from reliable sources. Without collecting data on the Native American status of victims served, federal agencies will not know the extent to which they are achieving government-wide strategic goals to provide and improve services to vulnerable populations, including Native American human trafficking victims. Why GAO Did This Study Human trafficking-the exploitation of a person typically through force, fraud, or coercion for such purposes as forced labor, involuntary servitude or commercial sex-is occurring in the United States. Traffickers seek out persons perceived to be vulnerable. Native Americans (i.e., American Indians or Alaska Natives) are considered to be a vulnerable population. DOJ, DHS, and the Department of the Interior investigate human trafficking crimes. Primarily, DOJ and HHS provide grants to fund victim services. GAO was asked to examine Native American human trafficking. This report focuses on federal efforts to address human trafficking, including the extent to which (1) agencies collect and maintain data on investigations and prosecutions of human trafficking in Indian country or of Native Americans regardless of location and (2) federal grant programs are available to help address such trafficking, and how many Native American trafficking victims have received assistance through these programs. GAO reviewed human trafficking investigation and prosecution data from fiscal years 2013 to 2016; reviewed solicitations for human trafficking-related grant programs; and interviewed grant program officials. What GAO Recommends GAO recommends that DOJ require its grantees to report the number of human trafficking victims served and, as appropriate, the Native American status of those victims. DOJ partially concurred with the recommendation. GAO clarified the recommendation and maintains action is needed. Details: Washington, DC: GAO, 2017. 56p. Source: Internet Resource: GAO-17-325: Accessed April 8, 2017 at: http://www.gao.gov/assets/690/683805.pdf Year: 2017 Country: United States URL: http://www.gao.gov/assets/690/683805.pdf Shelf Number: 144752 Keywords: American IndiansForced LaborHuman TraffickingNative AmericansSexual ExploitationVictims of Human TraffickingViolence Against Women |
Author: Jensen, Elise Title: Community Perceptions of Youth Gang Activity: Results from Four Tribal Sites Summary: his study sought to document the nature and extent of youth gang involvement in Indian Country. Through interviews at four tribal sites, we identified three primary themes: the prevalence and characteristics of youth gangs; the prevention, intervention, and suppression strategies developed by tribes to counter them; and more general problems faced by tribal youth - such as substance use and suicidality - that may be more pressing to address than concerns over gang activity. Indeed, the study's findings suggest that previous accounts of gang activity among tribal youth may have been overstated. The report concludes with a set of recommendations for funders and those looking to conduct research in tribal settings. Details: New York: Center for Court Innovation, 2017. 63p. Source: Internet Resource: Accessed June 20, 2017 at: http://www.courtinnovation.org/sites/default/files/documents/Youth_Gang_Activity_Tribal_052517.pdf Year: 2017 Country: United States URL: http://www.courtinnovation.org/sites/default/files/documents/Youth_Gang_Activity_Tribal_052517.pdf Shelf Number: 146297 Keywords: American IndiansGangsNative AmericansYoung Gangs |
Author: National Sheriffs' Association Title: Cross-Deputization in Indian Country Summary: Jurisdiction in Indian country has long been complicated by multifaceted tribal, state, and federal laws, policies, and court decisions, making it difficult for law enforcement to effectively address many types of criminal offenses. Whether the victim and perpetrator belonged to a tribe, where the crime took place, and other circumstances must be considered before any action can be taken. But recent changes in tribal, federal, and state law have enabled tribal law enforcement to enforce a broader array of state and federal crimes by cross-commissioning and cross-deputizing their officers. This report - based on the work of the National Sheriffs' Association, which assembled a cross-deputization advisory panel - examines the jurisdictional and legal limits of cross-deputization and how it has been implemented in various law enforcement agencies in Indian country. It also describes some of the most promising practices and provides sample documents and agreements. Details: Washington, DC: Office of Community Oriented Policing Services, 2018. 40p. Source: Internet Resource: Accessed July 14, 2018 at: https://ric-zai-inc.com/Publications/cops-p363-pub.pdf Year: 2018 Country: United States URL: https://ric-zai-inc.com/Publications/cops-p363-pub.pdf Shelf Number: 150869 Keywords: American IndiansIndians of North AmericaIndigenous PeoplesLaw EnforcementNative AmericansPolicing |
Author: Urban Indian Health Institute Title: Murdered and Indigenous women and girls: A snapshot of data from 71 urban cities in the United States. Summary: Nationwide, the voices of Indigenous people have united to raise awareness of missing and murdered Indigenous woman and girls (MMIWG). Though awareness of the crisis is growing, data on the realities of this violence is scarce. The National Crime Information Center reports that, in 2016, there were 5,712 reports of missing American Indian and Alaska Native women and girls, though the US Department of Justice's federal missing persons database, NamUs, only logged 116 cases. The Center for Disease Control and Prevention has reported that murder is the third-leading cause of death among American Indian and Alaska Native women and that rates of violence on reservations can be up to ten times higher than the national average. However, no research has been done on rates of such violence among American Indian and Alaska Native women living in urban areas despite the fact that approximately 71% of American Indian and Alaska Natives live in urban areas. To fill this gap, in 2017, Urban Indian Health Institute (UIHI), a tribal epidemiology center, began a study aimed at assessing the number and dynamics of cases of missing and murdered American Indian and Alaska Native women and girls in cities across the United States. This study sought to assess why obtaining data on this violence is so difficult, how law enforcement agencies are tracking and responding to these cases, and how media is reporting on them. The study's intention is to provide a comprehensive snapshot of the MMIWG crisis in urban American Indian and Alaska Native communities and the institutional practices that allow them to disappear not once, but three times-in life, in the media, and in the data. Details: Seattle: The Institute, 2018. 32p. Source: Internet Resource: Accessed January 24, 2019 at: http://www.uihi.org/wp-content/uploads/2018/11/Missing-and-Murdered-Indigenous-Women-and-Girls-Report.pdf Year: 2018 Country: United States URL: http://www.uihi.org/wp-content/uploads/2018/11/Missing-and-Murdered-Indigenous-Women-and-Girls-Report.pdf Shelf Number: 154390 Keywords: American IndiansCrime Statistics Homicides Indigenous Peoples Missing Persons Murders Native Americans Violence Against Women |