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Jailing of American Indian Adolescents: The Legacy of Cultural Domination and Imposed Law

NCJ Number
162712
Journal
Crime, Law and Social Change Volume: 23 Issue: 1 Dated: (1995) Pages: 1-16
Author(s)
L Bond-Maupin; C C Lujan; M A Bortner
Date Published
1995
Length
16 pages
Annotation
Using a random sample of 300 youths detained prior to trial in a southwestern Indian community, this study analyzed the pretrial incarceration of American Indian adolescents and explored similarities between the detention of adolescents in the Indian community and the detention of adolescents nationwide.
Abstract
The analysis was based on 116 case histories from a random sample of 300 adolescents incarcerated between January 1, 1987, and May 1, 1988 and on observations of juvenile detention center operations and a review of Bureau of Indian Affairs (BIA) policies and practices. The study focused on minimizing the potentially deleterious effects of incarcerating adolescents and the detention of minor offenders. It also emphasized differences between the detention of adolescents in the Indian community and the detention of adolescents nationwide. Findings revealed a much higher rate of detention and recidivism on the Indian reservation, a multiplicity of legal jurisdictions to which Indian adolescents were subjected, detention facility administration by BIA personnel with minimal training in adolescent services, the unique power of BIA police to determine who would be initially detained, and an extreme lack of alternative resources for adolescents and families within the Indian community. The development of relevant alternatives to juvenile detention is recommended. 42 notes and references and 3 tables