Evidence-based Policy and Native American Criminal Justice Reform

• In Event: Roundtable: The Many Colors of Criminal Justice Reform

Abstract

Native American tribes have unique relationships with the U.S. federal government as domestic dependents who have the authority to govern themselves. However, a series of Supreme Court cases and Congressional decisions have greatly limited the sovereignty of Native American tribal governments. When applying its policies to Native Americans, the federal government has seldom asked the Native people for their input on the issues facing them. Complex jurisdictional issues, inconsistency of applying the rule of law in Native American communities, and a lack of cultural understanding has created confusion and misunderstanding between the U.S. and Native Americans and has contributed to a series of social problems plaguing tribal communities, namely increasing crime rates and an ill-equipped justice system. United States Federal policy towards addressing crime in Indian Country, specifically, within Native American Reservation communities, should be made more commensurate with other populations in the country in order for them to approach the levels of justice they deserve. The most direct approach to addressing the shortcomings in these communities is to research, redefine, implement, and fund those activities which will place Native American criminal justice systems on more even footing with the rest of American society.

Author

• Roy F. Janisch, Pittsburg State University