Nobody trusts them! Under- and over-policing Native American Communities

Native Americans are often stereotyped as disreputable others, characterized as lazy, alcoholic, and violent.

“Native Americans are often stereotyped as disreputable others, characterized as lazy, alcoholic, and violent (Alvarez & Bachman 1996, Holmes & Antell 2005, Perry 2006, Snipp 1992).”

In the context of tensions and strains of settler colonialism that characterize relations between Native Americans and larger US society, there are direct links between Native American oppression and negative stereotypes of Native Americans.

“In the context of tensions and strains of settler colonialism that characterize relations between Native Americans and larger US society, there are direct links between Native American oppression and negative stereotypes of Native Americans (Franklin 2013, Lieber 1994, Perry 2006, Rouse & Hanson 1991).”

Negative stereotypes of Native Americans have perpetuated and encouraged general anti-Native American criminal justice system bias.

“Others have argued that negative stereotypes of Native Americans have perpetuated and encouraged general anti-Native American criminal justice system bias (Alvarez & Bachman 1996, Lieber et al. 2007, Perry 2006, Rouse & Hanson 1991, Zatz et al. 1991).”

Many criticisms of PL 280 as a limitation to tribal sovereignty exist.

“This coincides with many criticisms of PL 280 as a limitation to tribal sovereignty (Perry 2006, Snipp 1992).”

For Native people, spatial policing can mean being policed when exiting their Native Nations, their reservation communities.

“For Native people, this can mean being policed when exiting their Native Nations, their reservation communities (Perry 2006(Perry , 2009)).”

The catalog of research on Native carceral inequalities in the US is still in the early stages of development.

“While the catalog of research on Native carceral inequalities in the US is still in the early stages of development, studies have nonetheless been conducted demonstrating the disparities in carceral system involvement and outcomes faced by Native people (see Munoz and McMorris 2002;Perry 2006Perry , 2009;;Jeffries and Bond 2012;Janisch 2014;Saperstein et al. 2014;Tighe 2014;Mebane-Cruz 2015;Cunne”

Studies have been conducted demonstrating disparities in carceral system involvement and outcomes faced by Native people.

“While the catalog of research on Native carceral inequalities in the US is still in the early stages of development, studies have nonetheless been conducted demonstrating the disparities in carceral system involvement and outcomes faced by Native people (see Munoz and McMorris 2002;Perry 2006Perry , 2009;;Jeffries and Bond 2012;Janisch 2014;Saperstein et al. 2014;Tighe 2014;Mebane-Cruz 2015;Cunne”

Interviews have indicated experiences of at best culturally inept, and at worst outright dismissive, even racist behavior from non-tribal law enforcement within Native communities.

“Beyond the jurisdictional confusions, interviews have indicated experiences of at best culturally inept, and at worst outright dismissive, even racist behavior from non-tribal law enforcement within Native communities (Perry 2006(Perry , 2009)).”

A general sense of suspicion and hostility from law enforcement has been reported among interviewed Native populations within the reservation system.

“Overall, a general sense of suspicion and hostility from law enforcement has been reported among interviewed Native populations within the reservation system (Perry 2006(Perry , 2009;;Koshy et al. 2022).”

These studies implicate overarching US settler colonial structural factors common to Native individuals and communities which enable, if not entail, these inequalities as part-and-parcel of maintaining settler colonial and capitalist stratifications.

“Further, these studies implicate the overarching US settler colonial structural factors common to Native individuals and communities which enable, if not entail, these inequalities as part-andparcel of maintaining the stratifications that settler colonial (and capitalist) power depend upon (Munoz and McMorris 2002;Perry 2006Perry , 2009;;Jeffries and Bond 2012;Janisch 2014;Saperstein et al. 2014;T”

This expectation of suspicion and hostility contributes to the lack of desire for law enforcement involvement, even where necessary, within many Native communities.

“This expectation of suspicion and hostility contributes to the lack of desire for law enforcement involvement, even where necessary, within many Native communities (Perry 2006(Perry , 2009;;Koshy et al. 2022).”

This spatial policing is felt as a type of enforced segregation.

“This spatial policing is felt as a type of enforced segregation (Perry 2006(Perry , 2009;;Koshy et al. 2022).”

Much research on Native carceral system inequalities has been conducted within particular geopolitical contexts rather than across broad populations.

“It is important to note that much research on Native carceral system inequalities have been conducted within particular geopolitical contexts (i.e., particular US states and/or regions) rather than across broad populations (such as the entire US) (e.g.: Tighe 2014; Stewart et al. 2022;Perry 2006Perry , 2009;;Munoz and McMorris 2002).”

Native people have experienced greater scrutiny from police as suspects.

“Further, Native people have experienced greater scrutiny from police as suspects (Perry 2006;Koshy et al. 2022;Lantz and Ward 2023) and harsher penalties, specifically for property and person crimes against white people compared to the white individuals who committed crimes against Native people.”

This finding must be contextualized in light of the evidence of overpolicing of Native people, which increases the chance of carceral system involvement among Native people.

“However, this finding must be contextualized in light of the evidence of overpolicing of Native people (Perry 2006(Perry , 2009;;Lantz and Ward 2023), which thus increases the chance of carceral system involvement among Native people.”

It is argued that ultimately crimes implicating white victims are the target of more severe penalties for Native offenders.

“Thus, it is argued that ultimately it is crimes implicating white victims that are the target of more severe penalties for Native offenders (Perry 2006(Perry , 2009;;Nielson and Jarratt-Snider 2018;Stewart et al. 2022).”

Federal criminal justice powers over Indian Country, complex jurisdictional authority in Indian Country, racial profiling, and overpolicing in Indian Country are cited across research as key factors contributing to the disparate carceral system experiences of Native individuals.

“Federal criminal justice powers over Indian Country, the complex maze of jurisdictional authority in Indian Country, racial profiling, and overpolicing in Indian Country are cited across research as key factors contributing to the disparate carceral system experiences of Native individuals”

Negative stereotypes perceiving Native people as inherently violent and intemperate reinforce and compel their experiences of increased scrutiny and punitiveness within the US carceral system.

“the obviously negative stereotypes perceiving Native people as inherently violent and intemperate reinforce and compel their experiences of increased scrutiny”