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CONFRONTATION WITH THE LAW - THE CASE OF THE AMERICAN INDIANS IN SEATTLE

NCJ Number
45844
Journal
Phylon Volume: 37 Issue: 2 Dated: (JUNE 1976) Pages: 163-171
Author(s)
B A CHADWICK; J STAUSS; H M BAHR; L K HALVERSON
Date Published
1976
Length
9 pages
Annotation
A RANDOM SAMPLE OF 200 ADULT RESIDENTS OF THE SEATTLE, WASH., INDIAN COMMUNITY WERE SURVEYED DURING 1972 TO DETERMINE THE TYPE AND EXTENT OF LEGAL PROBLEMS ENCOUNTERED BY URBANIZED AMERICAN INDIANS.
Abstract
HALF THE SAMPLE WAS LOCATED AND INTERVIEWED BY TRAINED INDIAN INTERVIEWERS, WHILE FOR COMPARATIVE PURPOSES A RANDOM SAMPLE OF 1,000 WHITE ADULTS WAS SELECTED AND QUERIED BY MAIL. BOTH SAMPLES WERE ASKED TO INDICATE HOW MANY TIMES THEY HAD BEEN ARRESTED DURING THE PAST YEAR. THE INDIANS REPORTED 24 ARRESTS PER 100 PERSONS AS COMPARED TO 4 OUT OF A 100 FOR THE GENERAL POPULATION. BOTH SAMPLES WERE ALSO QUESTIONED REGARDING THEIR PERCEPTION OF BEING THE VICTIM OF CONSUMER FRAUD OR EXPLOITATION. THE WHITES PERCEIVED MUCH MORE CONSUMER FRAUD THAN DID THE INDIANS, WITH THE ONLY EXCEPTION BEING THAT SIGNIFICANTLY MORE INDIANS COMPLAINED OF EXCESSIVE INTEREST RATES ON MONEY BORROWED OR GOODS PURCHASED ON CREDIT. COMPARED TO THE WHITES, INDIANS WERE MORE LIKELY TO REPORT INCIDENTS OF RECEIVING ABUSIVE LETTERS, LANDLORDS HOLDING BELONGINGS, OR EVICTIONS FROM HOUSING. THE DATA ALSO REVEALED THAT THE LEVEL OF LEGAL ACTION EXPERIENCED BY THE INDIANS WAS SIGNIFICANTLY GREATER THAN THAT FOR THE GENERAL POPULATION. IN FACT, IN VIEW OF THE EXTENSIVE INDIAN INVOLVEMENT IN BOTH THE CRIMINAL AND CIVIL LEGAL ARENAS, IT CAN BE CONCLUDED THAT INDIANS IN SEATTLE ARE ENGAGED IN A CONTINUOUS STRUGGLE WITH THE LEGAL SYSTEM. HOWEVER, WHILE THE INDIAN SAMPLE USED LEGAL AID SERVICES MORE FREQUENTLY THAN THE WHITES, THE NUMBER RECEIVING AID DID NOT APPROACH THE NUMBER REPORTING PROBLEMS. ONLY 10 PERCENT OF THE INDIANS WHO HAD BEEN ARRESTED HAD BEEN REPRESENTED BY AN ATTORNEY. OF THOSE WHO WENT UNREPRESENTED, 25 PERCENT FELT THAT AN ATTORNEY WOULD HAVE ENHANCED THEIR DEFENSE. ONE OUT OF EVERY FIVE WHO SAID THEY HAD BEEN IN TROUBLE WITH THE LAW OR NEEDED LEGAL ASSISTANCE WERE ONLY VAGUELY FAMILIAR WITH ATTORNEYS OR WHAT THEY COULD DO TO SECURE LEGAL ADVICE. TABULAR DATA ARE PROVIDED. REFERENCES ARE FOOTNOTED. (KBL)