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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 significantly more 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).
The U.S. Department of Justice (DOJ) is taking steps to overcome the challenges prevalent in tribal justice systems, including providing funding opportunities for additional resources, enhancements, and research. In 1995, DOJ launched the Indian Country Justice Initiative (ICJI) to streamline support for Indian Country; and in fiscal year 1999, Congress appropriated and DOJ dispersed $89 million in grants to more than 120 tribes throughout Alaska and the lower 48 United States to be distributed among law enforcement agencies, court systems, correctional facilities, and juvenile justice programs (The Changing Federal Role in Indian Country, National Institute of Justice, 2001).
The following programs have been previously funded by the Department of Justice, Office of Justice Programs:
- Bureau of Justice Assistance (BJA) Tribal Courts Assistance Program: First announced in fiscal year 1999, this program assists federally recognized American Indian and Alaskan Native communities (Tribal Courts Assistance Program, Bureau of Justice Assistance, 2007).
- Office of Community Oriented Policing Services (COPS) Tribal Resources Grant Program: Awarded nearly $15 million in fiscal year 2006 to bolster community policing and homeland security within Native American communities (COPS Tribal Resources, Office of Community Oriented Policing Services, 2004).
- Office for Victims of Crime (OVC) Children's Justice Act Partnerships for Indian Communities Grant Program: Provides funding to American Indian tribes to develop, establish, and operate programs to improve the investigation, prosecution, and handling of child abuse cases (Children's Justice Act Partnerships for Indian Communities, Office for Victims of Crime, 2003).
- Office of Juvenile Justice and Delinquency Prevention (OJJDP) Tribal Youth Program (TYP): Developed to address juvenile crime in tribal communities and to improve tribal juvenile justice systems by providing delinquency prevention services, interventions for youth involved in the court system, and alcohol and drug related prevention programs (OJJDP’s Tribal Youth Initiatives, Office of Juvenile Justice and Delinquency Prevention, 2003).
- Bureau of Justice Statistics (BJS) Criminal History Record Improvement Pilot Program in Indian Country: Provides support to federally recognized tribal and state criminal records repositories to promote participation in and improve data sharing between tribal, state and national criminal records systems (Tribal Criminal History Record Improvement Pilot Program, Bureau of Justice Statistics, 2005).
For more information on Justice in Indian Country, please select a topic at the right of the page to access publications and resources addressing the issue.
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