Justice in Indian Country

Indian Country communities have a unique "government-to-government" relationship with the federal government of the United States. While they have a more narrow scope of policymaking than individual nations, they do possess a wider scope for policymaking than cities and even states. These communities adopt constitutions for their societies, enact civil laws to regulate conduct and commerce within their territorial boundaries, and enforce those laws within their own judicial systems (Policing on American Indian Reservations, National Institute of Justice, 2001).

Additionally, vital interaction among the three distinct sovereigns (state, federal, and tribal) has a profound impact on the justice system, both in and outside of the boundaries of Indian Country. "Each sovereign enjoys exclusive, partial, or no jurisdiction, depending on the location of the offense, the particular crime alleged, and the ethnicity of the parties involved" (Indian Tribal Sovereignty, Federal Bureau of Investigation, 2001).

There are no set policies governing tribal justice systems, and the uniqueness and diversity of each system poses many challenges. Furthermore, many tribes do not have the appropriate resources necessary to effectively gather crime data. "The lack of good data on crime in Indian Country stems from (1) issues of culture, geography, and economics unique to American Indian reservations; (2) the limited administrative and technological resources available to tribal police departments; (3) inadequate coordination between tribal and federal agencies; and (4) management problems common to both tribal and Bureau of Indian Affairs police departments. Even when it is possible to obtain accurate tribal-level data, the prevalence and character of crime vary widely from reservation to reservation" (Policing on American Indian Reservations, National Institute of Justice, 2001).

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