Criminal justice in Indian country: Examining declination rates of tribal cases

In the United States, much of the litigation arising involving Indian tribes and territories revolves around one issue: jurisdiction. Because of the complex inter-weaving of tribal, federal, and state (including county governments and municipalities) jurisdiction in United States Indian country, it can be difficult to determine which entity or entities have the authority to adjudicate a particular case or controversy. Indeed, even the term Indian Country, as used here, has been subject to much dispute. In the criminal arena, the intersection of tribal, state and federal jurisdiction is particularly problematic. For our nation's co-existing criminal justice systems to operate as efficiently as possible, it is imperative that all individuals working in or with criminal justice systems in Indian country have an understanding of the jurisdictional rules that apply to criminal offenses occurring in United States Indian country. The purpose of this article is to provide a framework for determining which governmental authority has jurisdiction over a specific crime committed in Indian country as a guide for anthropologists and practitioners working with Native Americans.

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Criminal justice, law, and policy in Indian country: A historical perspective

Journal of Criminal Justice ◽

10.1016/0047-2352(89)90049-4 ◽

1989 ◽

Vol 17 (5) ◽

pp. 393-407 ◽

Cited By ~ 6

Author(s):

Ken Peak

Keyword(s):

Criminal Justice ◽

Historical Perspective ◽

Law And Policy ◽

Indian Country

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Criminal Justice in Indian Country: A Theoretical and Empirical Agenda

Annual Review of Criminology ◽

10.1146/annurev-criminol-011518-024805 ◽

2019 ◽

Vol 2 (1) ◽

pp. 337-357

Author(s):

Jeffery T. Ulmer ◽

Mindy S. Bradley

Keyword(s):

Native American ◽

Criminal Justice ◽

Native Americans ◽

The United States ◽

Theoretical Frameworks ◽

American Experience ◽

Institutional Power ◽

Indian Country ◽

The Us ◽

Racial Ethnic

Examinations of the Native American experience in the US criminal justice system are still relatively sparse, despite earlier calls for increased attention to Native American crime and justice issues. This is unfortunate, as Native Americans are unique among all groups in US society and face distinctive criminal justice jurisdictional complexities. We argue that this uniqueness renders extant racial/ethnic theoretical framings incomplete for understanding the Native American experience with criminal justice in the United States. First, we describe the complexities of criminal jurisdiction in Indian Country, discuss how internal colonialism shapes the Native American experience, and outline a set of directions for research to illuminate such jurisdictional complexities. Second, we discuss general theoretical frameworks and their strengths and limitations in explaining the Native American experience. We argue for a focus on the interlocking institutional power that shapes tribal, state, and federal justice coupling. We present an agenda for research on the consequences of contemporary criminal justice arrangements for individual Native Americans and for Native American communities collectively.

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