Ryan Marks

Native Americans/Criminal Justice

Issue Brief

Description: According to studies and statistics, crime rates among the Native American population are much higher than the national average. On top of this, it has been found that Native Americans experience crime more so than the general population. Native Americans are incarcerated at a 38% higher rate than the national average, with suicide rates and abuse of these Native Americans being more common in prison than so for other racial groups. The higher association with crime (perpetrating and victimization) is something very interesting to note and investigate.

Key Words: crime, justice, Native American, tribes, US, incarceration, reservations, American Indians

Key Points:

  • Higher crimes rates among Native American population
  • More victimization of Native Americans
  • 38% higher rate of incarceration amongst Native Americans versus the national average of all other racial groups
  • National Crime Victimization Survey (NCVS) data comes from people who are self-identified American Indians/Native Americans – tough to use to produce reliable estimates of actual violence against the group
  • For many federal jurisdiction purposes all that matters when determining who is considered American Indian is tribal enrollment
  • Tribal enrollment is known as the most effective way to determine Native American/American Indian status
  • Article titled, “On Indian Land, Criminals Can Get Away With Almost Anything” (theatlantic.com)- explains how crime is more prevalent and less policed on Indian Reservations
  • Article titled, “Higher Crime, Fewer Charges on Indian Land” (New York Times) – also explains higher crime rates on tribal lands and how US prosecution is weak in those areas

Brief:

Criminal justice in general can be a controversial subject when discussing it in terms of race. Heated racial tensions have reached new heights with the events of John Brown’s death in Ferguson, Missouri by a police officer as well as the strangling of a black man in Brooklyn by a New York City police officer. The battle has been more about specific races versus law enforcement than anything. The raging protests against police brutality have overshadowed another racial group’s history with criminal justice. Not many people consider the 1% of the United States population that is the Native Americans. This group has higher a crime rate than the general American population as well as a higher rate of victimization (being the victim of crime). “The country’s 310 Indian reservations have violent crime rates that are more than two and a half times higher than the national average, according to data compiled by the Justice Department. American Indian women are 10 times as likely to be murdered than other Americans.” (Williams, New York Times.) According to this 2012 New York Times article it appears as though something has to give in regards to Native Americans and crime.

The question that arises in the case of Native American crime is what makes it more prevalent within their group than others. A possible explanation could be the rampant crime that occurs on Indian Reservations. “But several officers insinuated that crimes committed on Fort Berthold are often a low priority for deputies and sheriffs, who are already overworked by the boom outside reservation borders.” (theatlantic.com) Sierra Crane-Murdoch, the author of this article, explains how on how crime is deemphasized on reservations solely on the fact that deputies and sheriffs are more worried about issues regarding the border. There is legitimacy in this hypothesis because of federal jurisdiction purposes - what matters most in regards to identification of Native Americans (to the federal government) is tribal enrollment, which is closely correlated to Indian Reservations. This could serve as a possible answer to why crime is higher amongst this population than others.

An issue that Native American tribes face in regards to crime is the lack of prosecution by the US Federal Government. “Federal prosecutors in 2011 declined to file charges in 52 percent of cases involving the most serious crimes committed on Indian reservations…” (Williams, The New York Times.) This quote, coming the same New York Times article, sheds light on US Government’s hesitation on making decisions regarding crime on tribal territory. The article explains that prosecutors turn down these cases due to a lack of “admissible evidence.” These potential prosecutions that go by the wayside don’t go unnoticed by other tribal members. The article explains how there has been push back by Native American tribal members against the US Government to get more aggressive prosecution of criminals on their territories.

As for those Native Americans not tribally affiliated, there is not much data available. Most data in the United States is geared towards tribes solely due to the fact that it is the most effective way to determine a Native American. Other American citizens outside of tribes typically don’t consider themselves Native American – or if they do it may be a fraction. Knowing this, tribal affiliation is the most effective way to examine Native American crime rates and issues with crime.

[The Chart above is from Center on Juvenile and Criminal Justice – cjcj.org, It shows the rate of law enforcement killings per million. Native Americans have the highest rate among all races between the age of 25-34 and 35-44.]

Works Cited

Crane-murdoch, Sierra. "On Indian Land, Criminals Can Get Away With Almost Anything."The Atlantic. Atlantic Media Company, 22 Feb. 2013. Web. 03 Mar. 2015.

"Native Americans and the Death Penalty."Native Americans and the Death Penalty. N.p., n.d. Web. 03 Mar. 2015.

Tribal Crime and Justice."National Institute of Justice.N.p., n.d. Web. 03 Mar. 2015.

Williams, Timothy. "Higher Crime, Fewer Charges on Indian Land." The New York Times. The New York Times, 20 Feb. 2012. Web. 21 Apr. 2015.