Misdemeanor sentencing decisions: The cost of being native American

Munoz and McMorris found that disparities in monetary penalties were more severe where Native people made up a larger proportion of the population.

“However, the authors also found that the disparities in monetary penalties were more severe where Native people made up a larger proportion of the population.”

Munoz and McMorris explain the variation in monetary penalties as speaking to the applicability of the racial threat hypothesis, which posits that racially marginalized individuals face hypervisibility and increased targeting for oppression by white community members where there is a large enough community to challenge the social, economic, and/or political dominance of the white community.

“They explain this variation in arguing that it speaks to the applicability of the”

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”

Munoz and McMorris found that Native people consistently faced higher fines than their white counterparts for misdemeanor offenses in a set of North Dakota counties proximate to Native reservations.

“Munoz and McMorris's examination of Native racial group disparities in the assessment of monetary penalties for misdemeanor offenses in a set of North Dakota counties proximate to Native reservations found that Native people consistently faced higher fines than their white counterparts (2002).”

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”

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”

Both studies indicate that Native individuals face the same intersectional oppressive factors of economic and racialized marginalization in their experiences of carceral system monetary penalties.

“Both studies indicate that Native individuals face the same intersectional oppressive factors of economic and racialized marginalization in their experiences of carceral system monetary penalties (Munoz and McMorris 2002;Stewart et al. 2022).”

Much of the variation in monetary penalties was explained by differences in the severity of the misdemeanor charges and number of offenses charged.

“Much of this variation was explained by differences in the severity of the misdemeanor charges, as well as number of offenses charged.”

Native people have experienced harsher penalties for property and person crimes against white people compared to white individuals who committed crimes against Native people.

“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.”

Stewart et al.'s study of Native racial group disparity in the assessment of carceral system fines and fees in Minnesota found results similar to Munoz and McMorris.

“Stewart et al.'s study of Native racial group disparity in the assessment of carceral system fines and fees in Minnesota found results similar to Munoz and McMorris (2002).”

Results of research examining racialized disparities in sentencing of Native people have been mixed, with findings varying between harsher, equivalent, and sometimes more lenient sentencing outcomes for Native people.

“Further, the results of research examining racialized disparities in sentencing of Native people have been mixed with findings that vary between showing harsher, equivalent, and sometimes more lenient sentencing outcomes for Native people (Munoz and McMorris 2002;Stewart et al. 2022).”

Across multiple studies, findings have indicated that racial group differences in sentence length for Native people convicted vary according to offense type.

“Further, across multiple studies, findings have indicated that the racial group differences in sentence length for Native people convicted varies according to offense type (Munoz and McMorris 2002;Stewart et al. 2022).”

Part of the issue of accrued monetary penalties is due to the downstream impacts of higher arrest and incarceration rates of Native people who face greater likelihood of costs related to probation services and pay-to-stay jail stints.

“The authors note that part of the issue of accrued monetary penalties is due to the downstream impacts of higher arrest and incarceration rates of Native people who face greater likelihood of costs related to probation services and pay-to-stay jail stints (Munoz and McMorris 2002;Stewart et al. 2022).”

Research has found that controlling for prior criminal record, contextual factors related to the offense, and offense type diminished but did not completely remove the racial group disparities in sentence length.

“Further, research has found that controlling for prior criminal record, contextual factors related to the offense (e.g., weapon present, under the influence of alcohol or drugs), and offense type diminished but did not completely remove the racial group disparities in sentence length (Stewart et al. 2022;Munoz and McMorris 2002;Franklin 2011).”

Stewart et al. show a Native population density penalty for those living in areas with higher concentrations of Native inhabitants on or near reservations.

“Thus, similar to the findings of Munoz and McMorris (2002), Stewart et al. show a Native population density penalty for those living in areas with higher concentrations of Native inhabitants (on or near reservations) (2022).”

Authors focusing on Native individuals and communities place poverty and rurality-related issues within the context of the long-lasting and far-reaching impacts of colonial dispossession and policies diminishing Native sovereignty and social institutions.

“Authors focusing on Native individuals and communities place these poverty and ruralityrelated issues within the context of the long-lasting and farreaching impacts of colonial dispossession and policies diminishing Native sovereignty and social institutions (Munoz and McMorris 2002;Stewart et al. 2022; to a lesser explanatory extent, Wodahl and Freng 2017).”

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”