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Date: April 30, 2024 Tue
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14 results foundAuthor: U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics Title: Compendium of Tribal Crime Data, 2011 Summary: The Tribal Law and Order Act, 2010 (TLOA; Pub. L. No. 111-211, 124 Stat. 2258, Section 251(b)) requires the Bureau of Justice Statistics (BJS) to establish and implement a tribal data collection system and to support tribal participation in national records and information systems. This is the first BJS report on the status of tribal data collection activities as required by the act. It describes BJS’s activities between July 2010 and June 2011 to improve tribal law enforcement reporting to the FBI’s Uniform Crime Reporting Program (UCR) and BJS’s direct collaboration with tribal criminal justice systems to collect data about tribal court systems. It summarizes data published by BJS on jails in Indian country, tribal law enforcement agencies, state prosecutors’ offices with jurisdiction in Indian country, tribal youth in the federal justice system, and reporting to the UCR. It describes activities and funding opportunities to improve tribal crime data collection through programs such as the National Criminal History Improvement Program (NCHIP), the National Instant Criminal Background Check System (NICS), Byrne/JAG funding, and UCR training. Details: Washington, DC: Bureau of Justice Statistics, 2011. Source: Internet Resource: Accessed July 2, 2011 at: http://bjs.ojp.usdoj.gov/content/pub/pdf/ctcd11.pdf Year: 2011 Country: United States URL: http://bjs.ojp.usdoj.gov/content/pub/pdf/ctcd11.pdf Shelf Number: 121956 Keywords: Crime Statistics (U.S.)Indians of North AmericaIndigenous PeoplesJailsTribal Law Enforcement |
Author: Cobb, Kimberly A. Title: A Desktop Guide for Tribal Probation Personnel: The Screening and Assessment Process Summary: This guide is intended to provide tribal probation personnel with information on how the screening and assessment process can facilitate and promote offender accountability and long-term behavior change. This guidebook discusses the use of screening and assessment tools within the constructs of Risk-Need-Responsivity Model; the benefits of using screening and assessment tools; the challenges to using screening and assessment tools; and the factors to consider when choosing tools to use in your agency. Further, Appendix A of this guidebook provides tribal probation officers with an index of screening and assessment tools which were cataloged by the Reentry Policy Council. These tools are searchable by domains, or focus areas, including criminal thinking, employment & education, family relationships, financial status, housing, mental health, physical health, recidivism risk, and substance abuse. Appendix B provides screening and assessment tools for domestic violence. Details: Lexington, KY: American Probation and Parole Association, 2011. 80p. Source: Internet Resource: Accessed September 3, 2011 at: http://www.appa-net.org/eweb/docs/APPA/pubs/DGTPP.pdf Year: 2011 Country: United States URL: http://www.appa-net.org/eweb/docs/APPA/pubs/DGTPP.pdf Shelf Number: 122638 Keywords: Indians of North AmericaParoleesPrisoner ReentryProbation Officers (U.S.)Risk Assessment |
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: 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: U.S. Department of Justice Title: Indian Country Investigations and Prosecutions 2011-2012 Summary: The report, based on data compiled from the case management system used by U.S. Attorney’s Offices (USAO) with Indian Country jurisdiction shows among other things a 54 percent increase in Indian Country criminal prosecutions since Fiscal Year 2009. The information contained in the report shows the following: • The Justice Department’s prioritization of Indian country crime has resulted in a notable increase in commitment to overall law enforcement efforts in Indian country. Caseloads have increased overall from 1,091 cases filed in fiscal year (FY) 2009 to 1,138 in FY 2010 to 1,547 in FY 2011 to 1,677 in FY 2012. This represents a nearly 54 percent increase in the Indian country crime caseload. • USAO data for calendar year (CY) 2011 indicate that just under 37 percent (1,041) of all Indian Country submissions for prosecution (2,840) were declined by USAOs. In CY 2012, USAOs declined approximately 31 percent (965) of all (3,145) Indian Country submissions for prosecution. Overall, a substantial majority of Indian Country criminal cases opened by USAOs were prosecuted. • The most common reasons for declination by USAOs were insufficient evidence (61 percent in CY 2011 and 52 percent in CY 2012) and referral to another prosecuting authority (19 percent in CY 2011 and 24 percent in CY 2012). • The most common reasons investigations during calendar years CY 2011 and 2012 were not referred included deaths determined to be due to non-criminal causes (e.g., natural causes, accidents, suicides) and allegations in which there was insufficient evidence to prove criminal activity. •The report shows a new era of partnership between the federal government and American Indian tribes, including an unprecedented level of collaboration with tribal law enforcement. The increase in collaboration and communication strengthens the bond of trust between federal and tribal investigators, prosecutors, and other personnel in both federal and tribal criminal justice systems, and it will make communities safer as a result. Details: Washington, DC: U.S. Department of Justice, 2013. 62p. Source: Internet Resource: Accessed June 3, 2013 at: http://www.justice.gov/tribal/tloa-report-cy-2011-2012.pdf Year: 2013 Country: United States URL: http://www.justice.gov/tribal/tloa-report-cy-2011-2012.pdf Shelf Number: 128923 Keywords: Crime Statistics (U.S.)Criminal ProsecutionsIndians of North AmericaNative Americans |
Author: Idaho Statistical Analysis Center Title: American Indian Crime in Idaho: Victims, Offenders, and Arrestees Summary: American Indians have the highest victimization rates of all racial/ethnic groups in the United States (Perry, 2004). Despite the unusual disparity in the vulnerability to violent victimization, the pervasiveness of American Indian crime is rarely reported or acknowledged. The focus of this report is on the prevalence, nature, and consequences of crime in Idaho involving American Indians as victims and offenders. A variety of resources were used to conduct this research. Information for crimes reported to the police comes from Idaho’s incident-based data for the years 2005-2011, the FBI’s Uniform Crime Reports for 2010, and crime data reported by tribal police for the years 2004-2009. Data also comes from a 2008 victimization survey conducted in Idaho. The findings reveal the existing disparity of the victimization and criminal activity of American Indians compared to all racial groups. Details: Meridian, ID: Idaho Statistical Analysis Center, Planning, Grants, & Research, Idaho State Police, 2013. 20p. Source: Internet Resource: Accessed July 16, 2013 at: http://www.isp.idaho.gov/pgr/inc/documents/AmericanIndianCrimeinIdahofinal.pdf Year: 2013 Country: United States URL: http://www.isp.idaho.gov/pgr/inc/documents/AmericanIndianCrimeinIdahofinal.pdf Shelf Number: 129406 Keywords: Crime Rates (Idaho, U.S.)Criminal StatisticsIndians of North AmericaMinority GroupsVictimization |
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: Cobb, Kimberly Title: Going Beyond Compliance Monitoring of Drug/Alcohol-Involved Tribal Probationers Summary: It is no secret that alcohol and substance abuse are common problems in Indian Country. While official data on crime in Indian Country is hard to come by, anecdotal data alludes to the fact that many tribal communities face overwhelming numbers of crimes either directly related to or associated with drugs/alcohol. Alcohol abuse has been associated with numerous negative consequences including crime, domestic violence, sexual assault and rape, suicide, morbidity, and ultimately mortality (Aguirre & Watts, 2010; Kovas, McFarland, Landen, Lopez, & May, 2008). However, alcohol is far from the only substance abused on tribal land. Marijuana, methamphetamine, cocaine, heroin, and various pharmaceutical drugs are also regularly abused (NDIC, 2008). Although there has been great emphasis lately on the building or renovation of detention facilities in Indian Country, many tribal communities hold fast to the belief that they do not want to imprison their members. In fact, alternatives to incarceration, which includes probation and community supervision programs, are professed as a more "culturally compatible approach to punishment for crime" in Indian Country (Luna-Firebaugh, 2003, p. 63). Therefore, unless something tragic has occurred, those charged with drug/alcohol-related offenses will more than likely be placed on community supervision. That is where you come in as the tribal probation officer. Working with probationers is more than just identifying and controlling their risk to re-offend. As a tribal probation officer, you are "charged with ensuring public safety; holding offenders accountable for their actions; and, facilitating behavioral change in offenders" (The Century Council, 2010, pg. 8). In order to fulfill this charge, you often have to take on many roles associated with law enforcement, social work, counselor and court servant - which, at times, can have conflicting goals (Cobb, Mowatt, Matz, & Mullins, 2011). To be effective, you have to blend your duties of being an officer of the court (focused on compliance) and a probationer motivator (focused on facilitating behavior change) - both of which are necessary to fulfill the mandate of protecting public safety. In order to be effective and protect public safety over the long-term, as a tribal probation officer, you must move beyond compliance monitoring of the probation conditions ordered by the court to working with individuals on your caseload to identifying the root cause of the issues behind their drug/alcohol-related problems and intervene as necessary to put them on a better path. Details: Lexington, KY: American Probation & Parole Association, 2014. 22p. Source: Internet Resource: Accessed August 25, 2014 at: http://www.appa-net.org/eweb/docs/APPA/pubs/GBAITP.pdf Year: 2014 Country: United States URL: http://www.appa-net.org/eweb/docs/APPA/pubs/GBCMDAITP.pdf Shelf Number: 133133 Keywords: Alcohol AbuseAlternatives To IncarcerationCommunity Based CorrectionsCommunity SupervisionDrug Abuse and AddictionDrug OffendersIndians of North AmericaProbation Officers (U.S.)ProbationersRisk AssessmentSubstance Abuse |
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: U.S. Attorney General's Advisory Committee on American IndianAlaska Native Children Exposed to Violence Title: Ending Violence so Children Can Thrive Summary: Day in and day out, despite the tremendous efforts of tribal1 governments and community members, many of them hindered by insufficient funding, American Indian and Alaska Native (AI/AN) children suffer exposure to violence at rates higher than any other race in the United States. The immediate and long term effects of this exposure to violence includes increased rates of altered neurological development, poor physical and mental health, poor school performance, substance abuse, and overrepresentation in the juvenile justice system. This chronic exposure to violence often leads to toxic stress reactions and severe trauma; which is compounded by historical trauma. Sadly, AI/AN children experience posttraumatic stress disorder at the same rate as veterans returning from Iraq and Afghanistan and triple the rate of the general population.2 With the convergence of exceptionally high crime rates, jurisdictional limitations, vastly under-resourced programs, and poverty, service providers and policy makers should assume that all AI/AN children have been exposed to violence. Through hearings and Listening Sessions over the course of 2013-14, the Attorney General's Advisory Committee on American Indian and Alaska Native Children Exposed to Violence3 examined the current epidemic of violence and evaluated suggestions for preventing violence and alleviating its impact on AI/AN children. This report presents the Advisory Committee's policy recommendations that are intended to serve as a blueprint for preventing AI/ AN children's exposure to violence and for mitigating the negative effects experienced by Al/AN children exposed to violence across the United States and throughout Indian country. The primary focus of the report is the thirty-one wide-ranging findings and recommendations that emerged from hearings and Listening Sessions. The Advisory Committee also examines the reports of the Attorney General's National Task Force on Children Exposed to Violence in 20124 and the Indian Law and Order Commission (ILOC) in 2013,5 and incorporates some of the recommendations from these important reports that most strongly impact AI/AN children exposed to violence. This report contains five chapters: (1) "Building a Strong Foundation"; (2) "Promoting Well-Being for American Indian and Alaska Native Children in the Home"; (3) "Promoting Well-Being for American Indian and Alaska Native Children in the Community"; (4) "Creating a Juvenile Justice System that Focuses on Prevention, Treatment and Healing"; and (5) "Empowering Alaska Tribes,6 Details: Washington, DC: U.S. Attorney General's Office, 2014. 258p. Source: Internet Resource: Accessed December 8, 2014 at: http://www.justice.gov/sites/default/files/defendingchildhood/pages/attachments/2014/11/18/finalaianreport.pdf Year: 2014 Country: United States URL: http://www.justice.gov/sites/default/files/defendingchildhood/pages/attachments/2014/11/18/finalaianreport.pdf Shelf Number: 134286 Keywords: Child Abuse and Neglect (U.S.)Child MaltreatmentChild ProtectionChildren and ViolenceIndians of North AmericaIndigenous Peoples |
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: 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 |