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Strategies for Administering Indian Country Criminal Justice

Strategies for Administering Indian Country Criminal Justice. Duane Champagne & Carole Goldberg UCLA Native Nations Law & Policy Center June 16, 2009. 1. Introduction to the Project. Broad Outline of the Research

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Strategies for Administering Indian Country Criminal Justice

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  1. Strategies for Administering Indian Country Criminal Justice • Duane Champagne & Carole Goldberg • UCLA Native Nations Law & Policy Center • June 16, 2009 1

  2. Introduction to the Project • Broad Outline of the Research • Overarching question: How to improve community safety and detainee treatment in accordance with tribal visions of justice and tribal sovereignty? • Systematic examination of all components and stages of criminal justice process • Consider crime prevention, jurisdictional arrangements, adjudication process, and alternatives to incarceration, not jails alone 2

  3. Introduction to the Project • Broad Outline of the Research • Start with understanding of complex criminal justice system(s) for Indian country • Working hypothesis: effectiveness of systems will vary with types of administration/control, availability of resources, and extent of “match” with community conceptions of justice 3

  4. Introduction to the Project • What We Already Know about Indian Country Criminal Justice • Crime in Indian Country • Scarcity and weakness of Indian country crime data • Indications that alcohol-related offenses consume greatest police time; concern about crime is high; and police workloads are increasing 4

  5. Introduction to the Project • What We Already Know about Indian Country Criminal Justice • Administration of Justice in Indian Country • Complex “maze” of federal, tribal, and state jurisdiction • Critiques of system focus on: • incompatibility with self-determination policy • lack of accountability to tribal communities • inconsistency with general values regarding criminal proceedings 5

  6. Introduction to the Project • What We Already Know about Indian Country Criminal Justice • Effective Policing in Indian Country • Studies underscore importance of tribal community control • Tribal control leads to alignment of police/community priorities, values, methods, and resources • Community cooperation with police increases when community trusts police to serve their interests 6

  7. Research Methods • All interviews from 12 randomly selected confidential sites to be transcribed, coded, and analyzed • All interviews from federal and state officials to be transcribed, coded, and analyzed • All quantitative data to be analyzed for significance, using 12 sites plus 50 others 7

  8. Research Completed to Date • Eleven of twelve primary sites visited • Over 400 interviews completed, transcribed, and coded • Site questionnaires completed for those sites • Nearly 35 of 50 sites for quantitative surveys in progress with tribal permission • All federal interviews completed • Case studies and literature analysis ongoing 8

  9. Patterns So Far • Inadequate resources and technology, regardless of model • Resources/technology aside, biggest challenges: • Where tribes control, politicization • Where feds control, mismatch of priorities • Where states control, discrimination and bias 14

  10. Potential Tribal Solutions: Resources and Technology • Shared Data-Base within Tribe • Coordination of Existing Justice and Social Service Resources • More Resources for Rehabilitation and Reintegration • Alternative Methods of Justice and Rehabilitation 15

  11. Potential Tribal Solutions: Where Tribes Control • Checks and Balances • Ensure Legitimacy for Justice System • Constitutional Solutions • Traditional or Alternative Solutions • Combinations • Indigenous Community-Based Policing • Stronger Defense Services • Victim Services and Restitution • Training Court and Police Personnel 16

  12. Potential Tribal Solutions: Where Federal Government Controls • Exercise Concurrent Jurisdiction Over Major Crimes • Exercise Civil Penalties and Exclusion Over Non-Indian Offenders • Supplement With Tribal Police • Supplement With Community-based Justice Institutions • Offer Cultural and Historical Education • Enter Into Cooperative Agreements 17

  13. Potential Tribal Solutions: Where State Governments Control • Establish Tribal Police and Tribal Courts • Exercise Concurrent Jurisdiction • Exercise Civil Penalties and Exclusion Over Non-Indian Offenders • Enter Into Cooperative Agreements • Offer Cultural and Historical Education • Supplement With Community-based Justice Institutions • Lobby For Retrocession 18

  14. Potential Solutions: Federal Legislation • Tribally Initiated Retrocession • Require Greater Federal Court Accountability • Increase Tribal Sentencing Authority With Due Process • Authorize Tribal Jurisdiction Over Non-Indians With Due Process 19

  15. Fed Legislation Continued • Encourage Tribal Input and Oversight of Federal Justice and Rehabilitation Programs • Authorize Cultural and Historical Training for FBI and Federal Justice Personnel • More Effective Data Gathering and Sharing • Hold Federal and State Indian Country Criminal Cases in Indian Country • Incentives for Cooperative Agreements 20

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