Indian Country Law Enforcement: A Primer
By Edward Reina, Tohono O'odham Public Safety Department Director
Edward Reina, Tohono O'odham Public Safety Department Director.
|
The criminal justice system in Indian Country often seems like a series of twists and turns. Despite the challenges they face, tribal police are innovative and have implemented several practices that provide effective law enforcement services.
Indian Country is home to 560 federally recognized tribal governments, and a population of nearly 2 million. Each tribal government provides law enforcement services differently, depending on its government structure and state. Larger tribes operate individual police departments—totaling 223 agencies—while others rely on law enforcement services from the U.S. Department of the Interior, Bureau of Indian Affairs (BIA)—more than 30 agencies—and still others rely on the state or on county sheriffs.
Tribal governments once had full jurisdiction over all crime committed within their boundaries. These justice systems provided a strong deterrence to crime, and social checks and balances held offenders accountable for misconduct. The systems were victim centric, provided a sense of spiritual and emotional recovery, and included restitution. The system evolved over time as a result of U.S. Supreme Court decisions, congressional action, and federal policy, but the system is chaotic and hampers criminal justice.
A critical juncture in tribal law history came with the Supreme Court decision of Oliphant v. Suquamish Tribe of 1978. This decision restricted tribal governments' criminal authority over non-Indians and created a jurisdictional void in Indian Country. Resulting laws restrict states from having jurisdiction in Indian Country when the victim of crime is an Indian. Likewise, tribal courts no longer have jurisdiction over crimes committed by non-Indians in Indian Country.
When tribal police encounter a non-Indian offender they must answer several questions to determine which government has jurisdiction:
- What type of crime was committed?
- Is it a major federal crime?
- Is it a tribal violation or a state crime?
- What are the races of both the victim and the offender?
Tribal police must obtain lawful authority from three separate sovereigns: tribal, state, and federal governments. Training extends beyond a basic academy. Most officers in Indian Country attend a state academy; others attend the BIA Indian Police Academy and receive additional training on either state or federal law.
For tribal police to find some relief in the maze of authority, they can use a little known set of federal misdemeanor laws. When a non-Indian commits a crime against an Indian, the Central Violations Bureau, a program under the federal courts, can prosecute the case. This can only occur if tribal police have BIA federal authority and an agreement with the federal court and the district's U.S. Attorney. Although the number of this type of violation is limited, tribal police exercise the federal laws whenever possible.
Tribal police have developed educational programs for their counterparts in an effort to develop partnerships and strengthen law enforcement in Indian Country. In 2003, a particularly effective program in Arizona involved filming and distributing a training video on tribal tradition and federal law. The Arizona Peace Officer Standards and Training Board provided the resources to develop the video, and the tribal police chiefs offered technical advice and individuals to present the information. The course was delivered via teleconference throughout the state, and copies were provided to each police agency for in-service training.
|
Jurisdictional gaps, high unemployment rates, alcoholism, and poverty contribute to a very high crime rate in Indian Country. In particular, the overall violent crime rate in Indian Country is 2.5 times the national average, and American Indian women are the most victimized population in the United States. Data indicate that the rates of domestic violence and sexual assaults against this population far exceed those of any other racial or ethnic group, and that one of every three American Indian women will be victimized sexually in her lifetime.
|
|
The video training was implemented because state, local, and county police agencies were hesitant to assist tribal police and, on occasion, were apprehensive to even discuss problems. After agencies were trained, cooperation and memorandums of agreement between state, local, and county agencies became routine. The Yavapai-Prescott Indian tribe and the City of Prescott have been using the program for more than 5 years.
Despite barriers, tribal police have taken steps to develop partnerships and enhance information sharing, mutual aid, and cooperation with their state, local, county, and federal counterparts. These partnerships are crucial considering the current state of homeland security and the need for solidarity on all fronts. To form such allies, education is a must, for through education comes cooperation.
For more information, contact:
Edward Reina
Tohono O'odham Public Safety Department Director
|
