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Date: April 30, 2024 Tue
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Results for native americans
20 results foundAuthor: Earle, Kathleen A. Title: Child Abuse and Neglect Among American Indian/Alaska Native Children: An Analysis of Existing Data Summary: The purpose of this research was to compare existing published reports of child abuse and neglect among American Indians/Alaska Native children and to analyze secondary data on child abuse and/or neglect for American Indians and Alaska Natives from the national data archives on abuse and neglect, which has not been done to date. Details: Seattle, WA: Casey Family Programs; Portland, OR: National Indian Child Welfare Association, 2001 Source: Year: 2001 Country: United States URL: Shelf Number: 116315 Keywords: Child AbuseNative Americans |
Author: Earle, Kathleen A. Title: Child Abuse and Neglect: An Examination of American Indian Data Summary: From the executive summary: "The purpose of this research project was to obtain data regarding the current status of child abuse and/or neglect of Native children in the United States. Specifically, this project researched the path of child abuse and/or neglect (CA/N) data for Native children beginning with American Indian/Alaska Native tribes and the states in which they are located. This study was designed to gauge the accuracy of national statistics on child abuse and neglect which, it was assumed, must ultimately draw on data from the tribal level. States were surveyed in order to ascertain if they collect data from the tribes for entry into state or national data systems. Details: Seattle, WA: Casey Family Programs; Portland, OR: National Indian Child Welfare Association, 2000. 60p. Source: Year: 2000 Country: United States URL: Shelf Number: 116314 Keywords: Child Abuse and NeglectNative Americans |
Author: Pierce, Alexandra Title: Shattered Hearts: The Commercial Sexual Exploitation of American Indian Women and Girls in Minnesota Summary: This report examines the issue of commercial sexual exploitation of American Indian women and girls in Minnesota, including but not limited to sex trafficking. Details: Minneapolis, MN: Minnesota Indian Women's Resource Center, 2009. 127p. Source: Internet Resource Year: 2009 Country: United States URL: Shelf Number: 117316 Keywords: Child TraffickingHuman TraffickingIndian Women and GirlsNative AmericansProstitutionSexual Abuse VictimsSexual Violence (Minnesota) |
Author: Maurer, David Title: Indian Country Criminal Justice: Departments of the Interior and Justice Should Strengthen Coordination to Support Tribal Courts Summary: The Department of Justice (DOJ) reports from the latest available data that from 1992 to 2001 American Indians experienced violent crimes at more than twice the national rate. The Department of the Interior (DOI) and DOJ provide support to federally recognized tribes to address tribal justice issues. Upon request, GAO analyzed (1) the challenges facing tribes in adjudicating Indian country crimes and what federal efforts exist to help address these challenges and (2) the extent to which DOI and DOJ have collaborated with each other to support tribal justice systems. To do so, GAO interviewed tribal justice officials at 12 tribes in four states and reviewed laws, including the Tribal Law and Order Act of 2010, to identify federal efforts to assist tribes. GAO selected these tribes based on court structure, among other factors. Although the results cannot be generalized, they provided useful perspectives about the challenges various tribes face in adjudicating crime in Indian country. GAO also compared DOI and DOJ's efforts against practices that can help enhance and sustain collaboration among federal agencies and standards for internal control in the federal government. The 12 tribes GAO visited reported several challenges in adjudicating crimes in Indian country, but multiple federal efforts exist to help address some of these challenges. For example, tribes only have jurisdiction to prosecute crimes committed by Indian offenders in Indian country. Also, until the Tribal Law and Order Act of 2010 (the Act) was passed in July 2010, tribes could only sentence those found guilty to up to 1 year in jail per offense. Lacking further jurisdiction and sentencing authority, tribes rely on the U.S. Attorneys' Offices (USAO) to prosecute crime in Indian country. Generally, the tribes GAO visited reported challenges in obtaining information on prosecutions from USAOs in a timely manner. For example, tribes reported they experienced delays in obtaining information when a USAO declines to prosecute a case; these delays may affect tribes' ability to pursue prosecution in tribal court before their statute of limitations expires. USAOs are working with tribes to improve timely notification about declinations. DOI and the tribes GAO visited also reported overcrowding at tribal detention facilities. In some instances, tribes may have to contract with other detention facilities, which can be costly. Multiple federal efforts exist to help address these challenges. For example, the Act authorizes tribes to sentence convicted offenders for up to 3 years imprisonment under certain circumstances, and encourages DOJ to appoint tribal prosecutors to assist in prosecuting Indian country criminal matters in federal court. Federal efforts also include developing a pilot program to house, in federal prison, up to 100 Indian offenders convicted in tribal courts, given the shortage of tribal detention space. DOI, through its Bureau of Indian Affairs (BIA), and DOJ components have taken action to coordinate their efforts to support tribal court and tribal detention programs; however, the two agencies could enhance their coordination on tribal courts by strengthening their information sharing efforts. BIA and DOJ have begun to establish task forces designed to facilitate coordination on tribal court and tribal detention initiatives, but more focus has been given to coordination on tribal detention programs. For example, at the program level, BIA and DOJ have established procedures to share information when DOJ plans to construct tribal detention facilities. This helps ensure that BIA is prepared to assume responsibility to staff and operate tribal detention facilities that DOJ constructs and in turn minimizes potential waste. In contrast, BIA and DOJ have not implemented similar information sharing and coordination mechanisms for their shared activities to enhance the capacity of tribal courts to administer justice. For example, BIA has not shared information with DOJ about its assessments of tribal courts. Further, both agencies provide training and technical assistance to tribal courts; however, they are unaware as to whether there could be unnecessary duplication. Developing mechanisms to identify and share information related to tribal courts could yield potential benefits in terms of minimizing unnecessary duplication and leveraging the expertise and capacities that each agency brings. GAO recommends that the Secretary of the Interior and the Attorney General direct the relevant DOI and DOJ programs to develop mechanisms to identify and share information related to tribal courts. DOI and DOJ concurred with our recommendation. Details: Washington, DC: GAO, 2011. 86p. Source: Internet Resource: GAO-11-252: Accessed March 14, 2011 at: http://www.gao.gov/new.items/d11252.pdf Year: 2011 Country: United States URL: http://www.gao.gov/new.items/d11252.pdf Shelf Number: 120974 Keywords: Courts (American Indians)Native AmericansTribal CourtsTribal Justice |
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: Baldridge, David Title: Preventing and Responding to Abuse of Elders in Indian Country Summary: In 2002, the National Indian Council on Aging (NICOA), under contract to the National Center on Elder Abuse, initiated a project to achieve a greater understanding of the scope and nature of elder abuse in Indian country, how it is perceived, services currently being provided, and promising approaches to prevention. This final report for the project – Preventing and Responding to Abuse of Elders in Indian Country – is accompanied by a separate document, Elder Abuse in Indian Country: A Review of the Literature on Research, Policy and Practice. Elder abuse spans a broad spectrum. It ranges from physical violence to the neglect of elders who depend on others for their basic needs. Over the past twenty years, states and local communities across the country have crafted policies and programs to stop abuse, treat its effects and prevent its recurrence. Most states have adopted laws, patterned after child abuse response programs, which enlist professionals and the public to report abuse to public agencies for investigation and follow up. Adult protective service (APS) programs are typically authorized to receive and investigate reports and assess victims’ needs for legal, health or social services. Although little is known about elder abuse in Indian country, the existing literature and accounts by Indian elders and their families, tribes and advocates suggest that it is a serious and pervasive problem. The experiences of Indian elders with abuse, however, and their attitudes about what should be done about it appear to differ from those of non-Indian elders, suggesting the need for new responses to prevention. This project was created to explore the special needs of abused or vulnerable Indian elders and promising approaches for meeting them. Details: Washington, DC: National Indian Council on Aging, National Center on Elder Abuse, 2004. 52p. Source: Internet Resource: Accessed March 21, 2012 at http://www.ncea.aoa.gov/main_site/pdf/whatnew/abuseindian040707.pdf Year: 2004 Country: United States URL: http://www.ncea.aoa.gov/main_site/pdf/whatnew/abuseindian040707.pdf Shelf Number: 124640 Keywords: Crime PreventionElder Abuse and NeglectNative Americans |
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: Cobb, Kimberly A. Title: Tribal Probation: An Overview for Tribal Court Judges Summary: More effective ways of addressing the misdemeanor offenses of tribal members is needed since incarceration does not play a great part in many tribal cultures. “This article is designed to provide tribal court judges with a general understanding of community supervision and how it can benefit tribal justice systems, as well as provide some insight into the role of community supervision officers” (p. 4). Topics discussed include: what community supervision is; benefits to the tribal justice system; benefits to communities and victims; benefits to offenders; how judges can utilize community supervision officers; the role of a tribal probation officer; and ways a tribal court judge can support community supervision of offenders. Details: Washington, D.C.: Bureau of Justice Assistance, U.S. Department of Justice, 2010. 12p. Source: Internet Resource: Accessed October 14, 2012 at http://www.appa-net.org/eweb/docs/appa/pubs/TPOTCJ.pdf Year: 2010 Country: United States URL: http://www.appa-net.org/eweb/docs/appa/pubs/TPOTCJ.pdf Shelf Number: 126706 Keywords: Community SupervisionNative AmericansProbationTribal CourtsTribal Justice |
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: 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: 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: U.S. Government Accountability Office Title: Human Trafficking: Information on Cases in Indian Country or that Involved Native Americans Summary: 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 and involves vulnerable populations. Native Americans are considered a vulnerable population because of high rates of poverty and abuse, and other factors. GAO was asked to research human trafficking taking place in Indian country and trafficking of Native American persons regardless of where they are located in the United States. This report addresses (1) the extent to which tribal and major city LEAs have encountered human trafficking in Indian country or of Native Americans, (2) factors affecting the ability of LEAs to identify and investigate this specific human trafficking, and (3) availability of services to Native American victims of human trafficking. GAO conducted surveys of all known tribal LEAs (203) as identified by the Bureau of Indian Affairs; 86 major city LEAs; and 315 victim service provider organizations that received fiscal year 2015 Department of Justice or Department of Health and Human Services grants that could be used to assist human trafficking victims. Survey response rates for tribal LEAs, major city LEAs, and victim service providers were 65 percent, 71 percent, and 51 percent, respectively. The web-based surveys were deployed in September 2016 and asked about human trafficking investigations initiated or services provided from 2014 to 2016. Details: Washington, DC: GAO, 2017. 32p. Source: Internet Resource: GAO-17-624: Accessed August 24, 2017 at: https://www.gao.gov/assets/690/686051.pdf Year: 2017 Country: United States URL: https://www.gao.gov/assets/690/686051.pdf Shelf Number: 146889 Keywords: American Indians Human Trafficking Native Americans |
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 |