Restoring Tribal Community by Reducing Exposure to Federal Prosecution in Indian Country

• In Event: Poster Session 2

Abstract

This study investigates the overexposure of American Indian/Alaskan Native (AI/AN) populations to federal prosecution and its detrimental impacts on tribal communities. The research examines the statutory framework contributing to this issue, focusing on the General Crimes Act, Major Crimes Act, and Assimilative Crimes Act. Through an analysis of United States Sentencing Commission (USSC) data from 2015 to 2020, the study identifies significant disparities in prosecution rates and sentencing outcomes for AI/AN individuals compared to other racial groups. Findings reveal that AI/AN individuals are disproportionately prosecuted for major crimes, leading to harsher sentences and broader negative impacts on their communities. The study also explores the collective consequences of criminal justice involvement, highlighting how over-prosecution weakens community health, increases poverty, and perpetuates cycles of crime and incarceration. This research calls for a shift in policy towards reducing federal prosecution in Indian Country, advocating for solutions that respect tribal sovereignty and promote community well-being.

Authors

• Violette Cloud, VIO Consulting Agency

• Joseph Byrd, ByrdsEye, LLC

• Naomie Droll, Capitol Hill Policy Group