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Native Americans as Witnesses and Jurors – Considerations and Perspective

2020 Presentation by lawyer and tribal court judge Robert Don Gifford on cultural considerations that lawyers and judges should consider in questioning Native American witnesses and jurors

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Native Americans as Witnesses and Jurors – Considerations and Perspective

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  1. “Native Americans as Witnesses and Jurors – Considerations and Perspective” Robert “Bobby Don” Gifford (Cherokee) GIFFORD LAW, PLLC Oklahoma City, OK Tribal Judge (Seminole, Kaw, Iowa, Miami, Comanche)

  2. Knowing Your Witness/JurorCultural Awareness in the Courtroom

  3. Is there a Difference? I will still love you like a brother or sister, but if you’re asking this question, you are in the wrong room….

  4. Yes, there is a difference…

  5. Lack of Opportunities to Try A Case to a Jury • Jury trials vanishing (mediation/arbitration) • In 1962, there were 5,802 civil trials in the federal courts and 5,097 criminal trials, for a total of 10,899. • By 2002, despite 5x the filings, trials had dropped to 4,569 civil trials and 3,574 criminal trials. *Source: American Bar Association, Litigation Section

  6. Isn’t a Smaller World Now?

  7. Or is it? • Internet • Social Media (Facebook, Instagram) • Cable Television • Netflix/Amazon/Hulu • YouTube

  8. Get Educated • Research • Boots on the ground • Talk the talk • Become culturally literate

  9. Communications • COMMUNICATION • Languages include own tribal languages • Silence indicates respect for the speaker • Speak in a low tone of voice and expect others to be attentive • Eye contact is avoided because it is a sign of disrespect • Body language is important

  10. TIME ORIENTATION AND SPACE • Oriented more to present • “Indian Time” • Personal space is very important • Will lightly touch another person’s hand during greetings • Touching a dead body is prohibited in some tribes

  11. Watch your questions…. • Taken literal • They actually listened to your question • Or they heard a different question • They have an audience and they have something to say….

  12. Social Roles • Very family-oriented • Basic family unit is the extended family and often includes people from several households • In some tribes, grandparents are viewed as family leaders • Elders are honored • Children are taught to respect traditions

  13. What difference does it make? • Currently, there are 573 federally recognized American Indian/Alaskan Indian tribes (AI/AN), and more than 100 state recognized tribes. • Total American Indian/Alaska Native (AI/AN) alone population: 2.9 million or about 0.9 percent of the US population. • States with the highest proportion of American Indians and Alaska Natives: Alaska (19.5%), Oklahoma (12.9%), New Mexico (10.7%). • The 2010 Census reveals that 78 percent of the AI/AN live outside of tribal statistical areas.

  14. Differences Matter • The U.S. Census reports that the median income of Native American households was $33,627. • Indian youth have the highest rate of suicide among all ethnic groups in the US and is the second-leading cause of death for Native youth aged 15-24.

  15. HEALTH • Alcohol abuse • Accidents • Heart disease • Diabetes mellitus • Tuberculosis • Arthritis • Lactose intolerance • Gallbladder disease • American Eskimos are susceptible to glaucoma

  16. Educational Differences • Only 5 percent of Native Americans have received graduate or professional degrees, compared to 10 percent for the total population. • Only 9 percent of Native Americans have earned bachelor’s degrees compared to 19 percent for the US population.

  17. Native Americans • Native Americans experience per capita rates of violence which are more than double that of US population. • About 9% of these victimizations involve domestic or family violence (about the same as rest of US) Bureau of Justice Statistics – June 2005

  18. Domestic Violence is problem in rural areas nationwide More than 1 in every 3 rural women will be victimized by an intimate partner - Linda Chamerline Jan/Feb 2002 Website :www.womenshealthnetwork.org

  19. Native Americans suffer from more violence than others

  20. Are rural folks different? • Reservation • Tribal Housing • Educational Opportunities • Internet Access • Opportunities to commingle • Role Models • Expectations

  21. Poverty & Native Women - Women’s Policy Research Institute • 1 in 4 Native women live in poverty • 1 in 3 single Indian mothers live in poverty

  22. Lower socio-economic status means: • Lower earnings • Less education • More severe poverty • Worse health care

  23. Witness Preparation • It takes time. • Walk in their shoes. • PRACTICE, PRACTICE, PRACTICE

  24. Jury Selection • Will your judge let you voir dire • Image • Tone • Respect • Choice of words • Know your audience for Closing Arguments

  25. Be Culturally Aware

  26. Questions, Comments or Criticims? Robert “Bobby Don” Gifford GIFFORD LAW, PLLC Oklahoma City, Oklahoma Robert.Gifford@GiffordLawyer.com (405)778-4647 Website: http://giffordlawyer.com LinkedIn: https://www.linkedin.com/in/giffordlaw/ Instagram: https://www.instagram.com/thgiffordlawfirm/ Twitter: https://twitter.com/GiffordLawFirm

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