Indigenous Carceral System Inequalities in the US: A Synthesis of the Literature About the Nature and Sources

May combine two claims.

Stewart et al. found notable disparities in the amount of outstanding legal debt, with Native people in Indian Country and adjacent rural border towns facing both higher initial monetary obligation orders and higher outstanding debt balances compared to other racial groups.

“Stewart et al. found notable disparities in the amount of outstanding legal debt, found that Native people in Indian Country and adjacent rural border towns faced both higher initial monetary obligation orders and higher outstanding debt balances compared to other racial groups (2022).”

• cites Stewart et al. 2022 sourceSupported

May combine two claims.

Many Native people face the added economically oppressive factor of rurality, with between about one-half and two-thirds of the Native population living in rural areas in and/or around Indian Country.

“With many Native people also facing the added economically oppressive factor of rurality (between about one-half and two-thirds of the Native population live in rural areas in and/or around Indian Country (Stewart et al. 2022)).”

• cites Stewart et al. 2022 sourceSupported

Classified as probably not a substantial claim.

Stewart et al. theorized that variation in severity of sentencing arises from the racial-relational aspects of these crime types.

“The authors theorized that this variation in severity of sentencing arises from the racialrelational aspects of these crime types.”

• cites Stewart et al. 2022 sourceCould not verify

  The section “Expectations Regarding Monetary Sanctions, Race, and Indigeneity” (page unavailable) anticipates differences in financial penalties by race and proximity to tribal lands. It does not theorize that differences in sentencing severity arise from the racial-relational aspects of particular crime types. Searches for crime types, offense types, and interracial crimes found no passage making that connection. (LLM, conf=0.72)

  Experimental — accuracy not yet measured

May combine two claims.

Stewart et al. found that Native people were sentenced more harshly than white people for property crimes like burglary and less severely for violent offenses like assault, rape, and murder.

“For example, Stewart et al. found that Native people were sentenced more harshly than white people for property crimes like burglary and less severely for violent offenses like assault, rape, and murder (2022).”

• cites Stewart et al. 2022 sourcePartly supported

  The Data and Methods section reports higher average fines, fees, and surcharges for Native American defendants than for White defendants in Minnesota ($267 versus $245 per case). That supports a narrower claim about monetary sanctions, but the paper does not establish harsher sentencing for burglary or less severe sentencing for assault, rape, or murder (searched those offenses and property-versus-violent comparisons). (LLM, conf=0.78)

  Experimental — accuracy not yet measured

Probably not a substantial claim: may not pass S3 (load-bearing).

Stewart et al. argue that because property crimes are more often committed by Native people against white people and violent crimes are more often committed by Native people against other Native people, this variation in sentencing reflects diminished concern within the US carceral system for Native victims compared to white victims.

“The authors argue that because property crimes are more often committed by Native people against white people and violent crimes are more often committed by Native people against other Native people, this variation in sentencing reflects diminished concern within the US carceral system for Native victims compared to white victims (Stewart et al. 2022).”

• cites Stewart et al. 2022 sourceCould not verify

  Split into 2 atoms — 0 confirmed, 0 partially supported, 0 disputed, 0 misattributed, 2 unverifiable. Expand the claim to see per-atom verdicts.

  Experimental — accuracy not yet measured

Probably not a substantial claim: may not pass S2 (checkable).

The nature of settler colonial society, regardless of where it is imposed, is defined by the divestiture of the political, governmental, and economic powers of the colonized Indigenous population toward the benefit and supremacy of the settler population.

“The nature of the settler colonial society, regardless of where it is imposed, is defined by the divestiture of the political, governmental, economic powers of the colonized (Indigenous) population toward the benefit and supremacy of the settler population”

• cites Nakano Glenn 2015 sourceNot checked — no full text of the source
• cites Veracini 2010 sourceNot checked — no full text of the source
• cites Wolfe 2006 sourcePartly supported

  The Abstract (page unavailable) describes the dissolution of Indigenous societies and the creation of a settler society on expropriated land. Another passage (page unavailable) describes European sovereigns claiming dominion even where Indigenous sovereignty was recognized. These support the claim’s broad account of dispossession, but the paper identifies access to territory—not the transfer of political, governmental, and economic powers as a whole—as settler colonialism’s defining element. (LLM, conf=0.78)

  Experimental — accuracy not yet measured

May combine two claims.

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”

• cites Munoz and McMorris 2002 sourceNot checked — no full text of the source
• cites Perry 2006 sourceNot checked — no full text of the source
• cites Jeffries and Bond 2012 sourcePartly supported

  The Introduction (page unavailable) notes the over-representation of Indigenous Americans in prisons and jails, and “Native American Criminal Defendants and the Imprisonment Decision” reports some sentencing disparities. The paper does not identify federal powers or complex jurisdiction in Indian Country, racial profiling, or overpolicing there as factors contributing to those disparities. (LLM, conf=0.82)

  Experimental — accuracy not yet measured

May combine two claims.

Methods of usurping Native populations included westward removal of Native communities to enable settler territorial expansion, ethnocidal settler governmental policy illegitimizing and illegalizing Native cultures, forced assimilation of Native peoples into Anglo lifestyles and the settler economy, and general imposition of settler governmental powers over Native individuals and Native Nations.

“methods included westward removal of Native communities to enable settler territorial expansion as well as ethnocidal settler governmental policy illegitimizing and illegalizing Native cultures and subsequent forced assimilation of Native peoples into Anglo lifestyles-and the settler economy, and the general imposition of settler governmental powers over Native individuals and Native Nations”

• cites Nakano Glenn 2015 sourceNot checked — no full text of the source
• cites Veracini 2010 sourceNot checked — no full text of the source
• cites Wolfe 2006 sourcePartly supported

  The paper’s discussion of the Trail of Tears describes removals west of the Mississippi to make way for settler development. Its discussion of assimilationist legislation describes attacks on Native religion, speech, and political freedoms, the dismantling of tribal sovereignty, and efforts to absorb individuals into White society. These passages support most of the paraphrase, but do not specifically establish that Native cultures were made illegal. (LLM, conf=0.83)

  Experimental — accuracy not yet measured

May combine two claims.

The stipulations or conditions of postrelease supervision often include stringent restrictions on movement and who one can associate with, as well as required appointments such as drug testing, which often pose challenges to many aspects of life including employment and housing.

“the stipulations, or conditions, of postrelease supervision which often include stringent restrictions on movement (where one can spend time or live as well as curfews) and who one can associate with, as well as required appointments such as drug testing, which often pose challenges to many aspects of life including employment (and housing)”

• cites Schenwar and Law 2020Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites R. T. Garcia and Abukhadra 2021Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Augustine and Kushel 2022 sourcePartly supported

  Split into 2 atoms — 1 confirmed, 1 partially supported, 0 disputed, 0 misattributed, 0 unverifiable. Expand the claim to see per-atom verdicts.

  Experimental — accuracy not yet measured

Probably not a substantial claim: may not pass S4 (based).

Settler colonialism underpins carceral system inequalities experienced by Native people.

“Further, settler colonialism is theorized to underpin these inequalities where they are experienced by Native people.”

Probably not a substantial claim: may not pass S4 (based).

Racialized structural inequalities in general underpin racialized inequalities in carceral system capture and outcomes including sentence length, monetary penalties, and supervision.

“Racialized structural inequalities in general are theorized to underpin racialized inequalities in carceral system capture (arrest and incarceration) and outcomes including sentence length, monetary penalties, and supervision.”

May combine two claims.

Research has shown that Native people, namely those living in Indian Country, are subjected to more frequent and aggressive policing, more frequent and aggressive treatment of suspicion from police, and more frequent arrest.

“As described below, research has shown overall that Native people, namely those living in Indian Country, are subjected to more frequent and aggressive policing, more frequent and aggressive treatment of suspicion from police, and more frequent arrest.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Much research on racialized carceral system inequalities has focused on either disparate policing and/or arrest, or decisions to detain or disparities in sentencing severity.

“Much of this research, like much of the research on racialized carceral system inequalities more generally, has focused on either disparate policing and/or arrest, or decisions to detain (incarceration) or disparities in sentencing severity.”

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based).

There have been a few studies examining inequality in other sentencing outcomes such as monetary penalties and carceral supervision.

“However, there have also been a few studies examining inequality in other sentencing outcomes such as monetary penalties and carceral supervision.”

May combine two claims.

Over-policing in marginalized communities has the effect of restricting movement within communities and reinforcing residential segregation by treating with suspicion those who are not where they should be.

“Over-policing in marginalized communities always has the effect of restricting movement within communities and even having the effect of reinforcing residential segregation by treating with suspicion those who are”

• cites Schenwar and Law 2020Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based).

The experiences of Native people in Indian Country and its rural borderlands differ in meaningful ways from those of Native people in urban areas.

“Further, it is reasonable to expect that the experiences of Native people in Indian Country and its rural borderlands differ in meaningful ways from those of Native people in urban areas.”

Classified as probably not a substantial claim.

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”

• cites Munoz and McMorris 2002 sourceNot checked — no full text of the source

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based).

Aggressive policing targeting Native individuals leaving reservations acts to segregate and isolate Native communities within the borders of Indian Country by creating a sense of unbelonging and hostility outside of it.

“Second, namely in the case of aggressive policing targeting Native individuals leaving reservations (Indian Country), this acts to segregate and isolate Native communities within the borders of Indian Country by creating a sense of unbelonging and hostility outside of it.”

Probably not a substantial claim: may not pass S4 (based).

Frequent, aggressive, and suspicious policing by the US criminal justice system in and around Indian Country serves as an encroachment on, even erasure of, Native Nations' legal-criminal sovereign powers.

“First, it functions, and is felt, as an encroachment on, even erasure of, Native Nations' legalcriminal sovereign powers.”

Probably not a substantial claim: may not pass S4 (based).

What is unique to Indigenous communities in the US is the added significance or effect of increased carceral system ensnarement in encroaching on Native sovereignty as colonial impositions.

“However, what is unique to Indigenous communities, namely in the US, is the added significance or effect of this increased carceral system ensnarement per its encroachment on Native sovereignty as colonial impositions.”

Probably not a substantial claim: may not pass S4 (based).

The majority of research and theorizing of racially disparate carceral system involvement in the US has focused on Black, and more recently Latine, overrepresentation and related structural inequalities.

“The majority of research and theorizing of racially disparate carceral system involvement in the US has focused, understandably, on Black, and more recently Latine, overrepresentation in carceral system involvement and related structural inequalities as experienced by Black and Latine individuals, families, and communities.”

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based).

Incarceration, with varying degrees of effect based on sentence length, and the assessment of legal financial obligations are outcomes most obviously effective on socioeconomic status.

“Those outcomes most obviously effective on socioeconomic status include incarceration -with varying degrees of effect based on sentence length, and the assessment of legal financial obligations (fines and fees).”

Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing), S4 (based).

The sovereign status of Native Nations and their individual members, as well as the long history of staunch Native struggles against colonists, is perceived as an existential threat to the legitimacy and dominance of the colonial US government and society.

“Further, the sovereign status of Native Nations and their individual members, as well as the long history of staunch Native struggles against colonists, is perceived as an existential threat to the legitimacy and dominance of the colonial (US) government and society.”

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based).

The colonial function of carceral systems in Anglo settler colonies is effectuated through general marginalized racialized group social control via disproportionate carceral system capture.

“Though, the colonial function of carceral systems in Anglo settler colonies, as structures that maintain power disparities in favor of white (settler) populations, in this case in the US, is also effectuated through general marginalized racialized group social control via disproportionate carceral system capture.”

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based). May combine two claims.

Experiences of carceral system inequality and correlated economic inequalities are generalizable structural facts true to marginalized racialized groups broadly, not unique to Native people or the US.

“Experiences of carceral system inequality are not unique to Native people nor to the US.For that matter, nor are the correlated economic inequalities unique to Native people, rather, both are generalizable structural facts true to marginalized racialized groups broadly.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

The connection between inequalities in carceral system involvement and its outcomes and other forms of structural marginalization can be understood when carceral inequality is perceived as a key mechanism creating and maintaining other structural marginalization.

“The connection between inequalities in carceral system involvement and its outcomes and other forms of structural marginalization can be understood when the former is perceived as a key mechanism of the process which creates and maintains the latter.”

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based).

Experiences of carceral system supervision often create significant financial burdens and spatial and temporal limitations which create challenges to participation in the labor market and in community and other key social institutions.

“As well as experiences of carceral system supervision which often create significant financial burdens and spatial and temporal limitations which create challenges to participation in the labor market, as well as participation in community and other key social institutions.”

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based).

Other postincarceration supervision challenges related to racialized and economic marginalization are also applicable to Native people.

“Further, as noted below, other postincarceration supervision challenges related to racialized and economic marginalization are also be applicable to Native people.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Wodahl and Freng examine the challenges of Native individuals upon re-entry related to both individual and community poverty and rurality-related lack of access to resources and transportation challenges.

“In their study, Wodahl and Freng examine the challenges of Native individuals upon re-entry related to both individual and community poverty and rurality-related lack of access to resources and transportation challenges (2015).”

• cites Wodahl and Freng 2015Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Other research has found evidence of disproportionately long sentence lengths for Native people convicted of crimes in general, longer than sentences for white and Latine people but shorter than those for Black people.

“Other research has found evidence of disproportionately long sentence lengths for Native people convicted of crimes in general (longer than sentences for white and Latine people, but shorter than those for Black people) (J.Smith 2020; Franklin 2011).”

• cites J.Smith 2020 sourceNot checked — no full text of the source
• cites Franklin 2011 sourceNot checked — no full text of the source

May combine two claims.

The greatest degree of disproportionate incarceration is found in those states with the highest proportions of Native people-particularly where they represent the numerically dominant racially marginalized group-and in those counties containing or bordering areas of Indian Country.

“The greatest degree of disproportionate incarceration is found in those states with the highest proportions of Native people-particularly where they represent the numerically dominant racially marginalized group-and in those counties containing or bordering areas of Indian Country (Akbari 2023).”

• cites Akbari 2023Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based).

Challenges related to rurality are more pronounced for Native people living in Indian Country and its rural borderlands.

“As well, those challenges related to rurality are also more pronounced for Native people living in Indian Country and its rural borderlands.”

May combine two claims.

Not only do racially and economically marginalized individuals and communities face disparate rates of carceral system involvement, but the penalties and collateral impacts of that involvement are also racially unequal.

“Further, as scholars have demonstrated, not only do racially and economically marginalized individuals and communities face disparate rates of carceral system involvement, but the penalties and collateral impacts of that involvement are also racially unequal (Western 2006;Harris 2016;Schenwar and Law 2020).”

• cites Western 2006Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Harris 2016Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Schenwar and Law 2020Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

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).”

• cites Perry 2006 sourceNot checked — no full text of the source
• cites Perry 2009 sourceNot checked — no full text of the source
• cites Nielson and Jarratt-Snider 2018Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

In Montana Native people comprise nearly 6% of the general population but represent 20% of incarcerated men and 34% of incarcerated women.

“For example, in Montana Native people comprise nearly 6% of the general population but represent 20% of incarcerated men and 34% of incarcerated women.”

• cites Akbari 2023Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

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.”

• cites Perry 2006 sourceNot checked — no full text of the source
• cites Perry 2009 sourceNot checked — no full text of the source
• cites Lantz and Ward 2023Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Wodahl and Freng's research indicated challenges formerly incarcerated Native people face upon re-entry related to community reintegration, access to support services, and conjuring the means to meet supervision requirements related to travel to required appointments and costs of required services.

“This research indicated challenges formerly incarcerated Native people face upon re-entry related to community reintegration, access to support services, and conjuring the means to meet supervision requirements related to travel to required appointments and costs of required services (Wodahl and Freng 2017).”

• cites Wodahl and Freng 2017 sourceNot checked — no full text of the source

May combine two claims.

Inequality of penalties occurs along the dimensions of arrest, incidence and amount of legal financial obligations including bail, supervision, in/out incarceration decisions, length of sentence, and use of capital punishment.

“This inequality of penalties occurs along the dimensions of arrest (outcome of surveillance/supervision), incidence and amount of legal financial obligations (including bail), supervision, in/out incarceration decisions, length of sentence, and use of capital punishment (Western 2006;Harris 2016; Schenwar and Law 2020).”

• cites Western 2006Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Harris 2016Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Schenwar and Law 2020Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

In North Dakota Native people are about 5% of the general population and 29% of the total incarcerated population.

“In North Dakota the respective population proportions are about 5% of the general population and 29% of the total incarcerated population (men and women) (Akbari 2023).”

• cites Akbari 2023Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

In the United States Indigenous people are incarcerated at about 2.5 times their population rate, making up less than 1% of the general population but over 2% of those incarcerated in federal prisons, counting only those who identify as Native alone.

“In the United States Indigenous people are incarcerated at about 2.5 times their population rate, making up less than 1% of the general population but over 2% of those incarcerated in federal prisons (in both cases when counting only those individuals who identify as Native alone) (Akbari 2023;PPI, 2023).”

• cites Akbari 2023Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites PPI, 2023Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Even if Native people do not experience disparately harsh penalties for crime compared to their white counterparts who commit similar crimes, they will still experience disproportionate carceral system involvement and likelihood of incarceration.

“Therefore, even if Native people do not experience disparately harsh penalties for crime (compared to their white counterparts who committ similar crimes), they will still experience disproportionate carceral system involvement and likelihood of incarceration.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Those relegated to the lumpenproletariat experience institutionally sanctioned limitations on their social, civil, and/or political rights.

“Those relegated to this status experience institutionally sanctioned limitations on their social, civil, and/or political rights (J.Wang 2018).”

• cites J.Wang 2018Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

After a brief, albeit incomplete, respite via US policy shift to Native self-determination, the Termination era of the mid-20th century terminated the trust status for a handful of Native Nations.

“After a brief, albeit incomplete, respite via US policy shift to Native self-determination, the Termination era of the mid-20 th century terminated the trust status (sovereign status and federal protections, services, and treaty obligations) for a handful of Native Nations (Deloria and Lytle 1983;Deloria 1985;Prucha 1985;Fixico 1990;Nielson and Silverman 2007).”

• cites Deloria and Lytle 1983 sourceNot checked — no full text of the source
• cites Deloria 1985Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Prucha 1985Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Indian Boarding Schools trained Native children, teenagers, and young adults for domestic labor for girls and women and low-skill manual labor for boys and men.

“Indian Boarding Schools trained Native children, teenagers, and young adults for domestic labor (for girls and women) and low-skill manual labor (for boys and men) (Deloria and Lytle 1983;Deloria 1985;Prucha 1985;Fixico 1990).”

• cites Deloria and Lytle 1983 sourceNot checked — no full text of the source
• cites Deloria 1985Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Prucha 1985Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

The US settler colonial assimilationist policy eras of Assimilation and Termination both sought to, and to a degree succeeded in, assimilating Native people into US society, largely within the working or underclass.

“The US settler colonial assimilationist policy eras of”

• cites Deloria and Lytle 1983 sourceNot checked — no full text of the source
• cites Deloria 1985Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Prucha 1985Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

Bleau, Dhanoa, and Ignace take and argue for a public health crisis approach to Indigenous overincarceration and crime that sees settler colonialism as deeply implicated in the determinants of Indigenous incarceration.

“Bleau, Dhanoa, and Ignace take-and argue for-a public health crisis approach to Indigenous overincarceration (and crime) that sees settler colonialism as deeply implicated in the determinants of Indigenous incarceration”

• cites Bleau, Dhanoa, and Ignace 2022 sourceNot checked — no full text of the source

May combine two claims.

The Assimilation era of the late 19th to early mid-20th century included a policy of allotment which fractionated communal Native land into privately owned individual parcels for families and individuals, with the remainder sold to white settlers and many Native individuals forced to sell their parcels to settle debts.

“The Assimilation era of the late 19 th to early mid-20 th century included a policy of allotment which fractionated communal Native land into privately owned individual parcels for families and individuals, with the (large) remainder sold to white settlers and many Native individuals forced to sell their parcels to settle debts (Deloria and Lytle 1983;Deloria 1985;Prucha 1985;Fixico 1990;Hixson 20”

• cites Deloria and Lytle 1983 sourceNot checked — no full text of the source
• cites Deloria 1985Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Prucha 1985Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Indigenous overrepresentation in incarceration is related to both disproportionate experiences of crime in Indigenous communities and the structural racism that defines mass incarceration, and these two causal factors are interconnected.

“it illustrates the complex nature of Indigenous overrepresentation in incarceration as related to both disproportionate experiences of crime in Indigenous communities and the structural racism that defines mass incarceration-and it shows the interconnection between these two causal factors of overincarceration”

• cites Bleau, Dhanoa, and Ignace 2022 sourceNot checked — no full text of the source

May combine two claims.

The Termination policy relocation program transferred thousands of Native people to urban centers far from their homes in Indian Country and placed them in urban slums.

“For many, the Termination policy relocation program that transferred thousands of Native people to urban centers far from their homes in Indian Country placed them in urban slums (not the suburban homes pictured in the BIA relocation program pamphlets) (Deloria and Lytle 1983;Deloria 1985;Prucha 1985;Fixico 1990).”

• cites Deloria and Lytle 1983 sourceNot checked — no full text of the source
• cites Deloria 1985Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Prucha 1985Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Native history also included dispossession of labor, or superexploitation, through enslavement in North America and deportation for enslavement in the Caribbean, though of lesser magnitude and institutionalization than for Black people in the US.

“This history is also marked, though least visibly, with dispossession of labor, or superexploitation, through enslavement in North America and deportation for enslavement in the Caribbean (though of a lesser magnitude and level of institutionalization than was the case for Black people in the US) (Hixson 2013).”

• cites Hixson 2013 sourceNot checked — no full text of the source

May combine two claims.

This criminalization, social marking as criminal, still disproportionately impacts Native people in the era of mass incarceration, evidenced by overpolicing in Indian Country, disparately harsh sentencing of Native people convicted of crimes, and the overall disproportionate incarceration of Native people.

“This criminalization, social marking as”

• cites Ross 1998 sourceNot checked — no full text of the source
• cites Nielson and Silverman 2007Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Bracey 2016Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Dispossession from land and resources took many forms, beginning with genocide and forcible removal up to the end of organized Native military resistance in the late 1800s and shifting in later eras to dispossession via debt.

“Dispossession from land and resources took many forms throughout history, beginning with genocide and forcible removal up to the end of organized Native military resistance in the late 1800's (Deloria and Lytle 1983;Deloria 1985;Prucha 1985;Fixico 1990;Wolfe 2006;Hixson 2013;Nakano Glenn 2015;Saito 2020) and shifting in the later eras to dispossession via debt (Deloria and Lytle 1983;Deloria 1985;”

• cites Deloria and Lytle 1983 sourceNot checked — no full text of the source
• cites Deloria 1985Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Prucha 1985Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing). May combine two claims.

The criminalization of Nativeness is the other side of lumpenization, which is a status relocation to the margins of society occupied by those who are destitute and/or criminalized.

“Further, as expanded upon previously, the criminalization of Nativeness is the other side of lumpenization which is a sort of status relocation to the margins of society occupied by those who are destitute and/or criminalized (Ross 1998;Nielson and Silverman 2007;Bracey 2016;Nielson and Jarratt-Snider 2018).”

• cites Ross 1998 sourceNot checked — no full text of the source
• cites Nielson and Silverman 2007Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Bracey 2016Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Native dispossession included dispossession of life, culture, and land and natural resources.

“Dispossession of life (genocide), dispossession of culture (ethnocide), and, of course, most visibly dispossession of land and natural resources.”

• cites Deloria and Lytle 1983 sourceNot checked — no full text of the source
• cites Deloria 1985Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Prucha 1985Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Native racialized carceral system inequality is contributable not only to the criminal jurisdictional impositions of US laws and law enforcement onto Native Nations, but also to the legacy of colonial laws criminalizing Nativeness.

“Native racialized carceral system inequality is contributable not only to the criminal jurisdictional impositions of US laws and law enforcement onto Native Nations, but also to the legacy of colonial laws criminalizing Nativeness”

• cites Ross 1998 sourceNot checked — no full text of the source
• cites Nielson and Silverman 2007Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Bracey 2016Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

The Court of Indian Offenses was managed by the Bureau of Indian Affairs, an agency controlled by the US government and initially designed to impose settler colonial control over Indigenous populations.

“The Court of Indian Offenses (CIO) was managed by the Bureau of Indian Affairs (BIA)-an agency controlled by the US government and initially designed to impose settler colonial control over Indigenous populations”

• cites Luna-Firebaugh 2007 sourceNot checked — no full text of the source
• cites Fixico 1990Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Deloria and Lytle 1983 sourceNot checked — no full text of the source

May combine two claims.

The Indian Reorganization Act continued the project of assimilation by stipulating that Native Nation institutions must be approved by the federal government and only provided to those that mirrored the structure and practices of US institutions.

“this law also continued the project of assimilation by stipulating that these institutions must be approved by the federal government, only provided to those that mirrored the structure and practices of US institutions”

• cites Deloria 1985Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Fixico 1990Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

The Tribal Law and Order Act expanded tribal judicial powers, allowing for incarceration up to 3 years per offense.

“The TLOA expanded tribal judicial powers, allowing for incarceration up to 3 years per offense”

• cites Deer 2015Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Nielson and Jarratt-Snider 2018Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Indian Law Resource Center 2023Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

The Tribal Law and Order Act (TLOA-2010), while an advancement toward Native sovereign law enforcement powers and away from the Assimilation Era and the Termination Era, has faced significant challenges in implementation and maintains important limitations on tribal judicial powers.

“the Tribal Law and Order Act (TLOA-2010), while certainly an advancement toward Native sovereign law enforcement powers and away from the Assimilation Era and the Termination Era, has nonetheless faced significant challenges in implementation and maintains important limitations on tribal judicial powers”

• cites Deer 2015Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Nielson and Jarratt-Snider 2018Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Indian Law Resource Center 2023Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

A core issue facing tribal law enforcement is the intertwined issues of lack of law enforcement funding and staff and lack of judicial and carceral infrastructure.

“a core issue facing tribal law enforcement is the intertwined issues of lack of law enforcement funding and staff and lack of judicial and carceral infrastructure”

• cites Luna-Firebaugh 2007 sourceNot checked — no full text of the source
• cites Nielson and Jarratt-Snider 2018Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

The Indian Reorganization Act (IRA-1934) was a significant step toward Native self-determination and the recognition of some inherent sovereign powers, as it included provisions for the establishment of Native Nation constitutions, governing councils, courts of law, and police forces.

“the Indian Reorganization Act (IRA-1934) which was a significant step toward Native self-determination and the recognition of some inherent sovereign powers as it included provisions for the establishment of Native Nation constitutions, governing councils, courts of law, and police forces”

• cites Deloria 1985Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Fixico 1990Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

The General Crimes Act (1817), the Assimilative Crimes Act (1825), the Major Crimes Act (1885), and the creation of the Court of Indian Offenses were among the policies imposed at the outset of the Assimilation Era.

“These include the General Crimes Act (1817), the Assimilative Crimes Act (1825), and the Major Crimes Act (1885), as well as the creation of the Court of Indian Offenses”

• cites Luna-Firebaugh 2007 sourceNot checked — no full text of the source
• cites Fixico 1990Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Deloria and Lytle 1983 sourceNot checked — no full text of the source

May combine two claims.

Public Law 280 reflected the Termination Era governmental policy of terminating Native sovereignty as a means of completing the assimilation mission and stood as a direct violation of the sovereignty of Native Nations, constitutionally protected as superseded only by the federal government.

“PL-280 reflected the Termination Era governmental policy of terminating Native sovereignty as a means of completing the assimilation mission and stood as a direct violation of the sovereignty of Native Nations, constitutionally protected as superseded only by the federal government”

• cites Deloria and Lytle 1983 sourceNot checked — no full text of the source
• cites Fixico 1990Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Nielson and Jarratt-Snider 2018Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

While the Court of Indian Offenses was purportedly about equipping Native communities with institutions to prosecute Indian Country offenses concerning only Native individuals, in actuality it acted to assimilate Native law and law enforcement into Anglo standards.

“while the Court of Indian Offenses was purportedly about equipping Native communities with the institutions to prosecute Indian Country offenses concerning only Native individuals, in actuality it acted to assimilate Native law and law enforcement into Anglo standards”

• cites Luna-Firebaugh 2007 sourceNot checked — no full text of the source
• cites Fixico 1990Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Deloria and Lytle 1983 sourceNot checked — no full text of the source

May combine two claims.

During the Termination Era of the mid-20th century, alongside the termination of the sovereign status of a handful of Native Nations, the enactment of Public Law 280 transferred federal jurisdiction over Indian Country to state law enforcement among a portion of Indian Country.

“the enactment of Public Law 280 (PL-280) transferred the aforementioned federal jurisdiction over Indian Country to state law enforcement among a portion of Indian Country”

• cites Deloria and Lytle 1983 sourceNot checked — no full text of the source
• cites Fixico 1990Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Nielson and Jarratt-Snider 2018Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Legal financial obligations are exacerbated by incarceration, during which time individuals are removed from the free labor market and what labor they do perform within prison labor or outside work release does little to alleviate this debt.

“These legal financial obligations are exacerbated by incarceration, during which time individuals are removed from the free labor market and what labor they do perform within (prison labor) or outside (work release) the prison walls does little to alleviate this debt”

• cites Alexander 2020 sourceNot checked — no full text of the source
• cites Turner et al. 2022Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Center for Justice Education 2023Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Indigeneity has been and continues to be racialized.

“In short, Indigeneity has been (and continues to be) racialized.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based). May combine two claims.

Research examining Indigenous disproportionate incarceration is still nascent and as yet needs to draw more and more clear connections to the much larger and more developed research on the connections between carceral system involvement and economic and racialized marginalization more generally.

“However, this research is still nascent and as yet needs to draw more and more clear connections to the much larger and more developed research on the connections between carceral system involvement and economic and racialized marginalization more generally.”

Probably not a substantial claim: may not pass S4 (based). May combine two claims.

Settler colonialism and racialized structural inequality are theorized both to reinforce each other and to underpin carceral inequality.

“Settler colonialism and racialized structural inequality are theorized both to reinforce each other anto to underpin carceral inequality.”

May combine two claims.

Even into the mid/late-20th century, the practice of removing Native children from their families for placement in white homes was so common and destructive that the Indian Child Welfare Act had to be implemented in 1978 to curtail it.

“Even into the mid/late-20 th century, the practice of removing Native children from their families for placement in white homes was so common and destructive that the Indian Child Welfare Act had to be implemented in 1978 to curtail it”

• cites Deloria and Lytle 1983 sourceNot checked — no full text of the source
• cites Deloria 1985Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Nielson and Silverman 2007Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

The forced removal of Native children from their communities during the Indian Boarding School era was an attack on community cohesion and an indictment of Native cultures, as it was justified by deeming their environment and upbringing within these communities as a testament to the uncivilized and unfit parenting of Native families.

“The forced removal of Native children from their communities during the Indian Boarding School era was an attack on community cohesion and an indictment of Native cultures as it was justified by deeming their environment and upbringing within these communities as a testament to the uncivilized and unfit parenting of Native families”

• cites Nielson and Silverman 2007Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Bracey 2016Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Nielson and Jarratt-Snider 2018Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing), S4 (based).

Indigenous individuals have been subjected to monolithicizing derogatory stereotypes and imposed white supremacist ideologies of group-level inferiority based on the attribution of inherent pseudo-biological difference based purely on their identity as Indigenous.

“Indigenous individuals have been subjected to monolithicizing derogatory stereotypes and imposed white supremacist ideologies of group-level inferiority based on the attribution of inherent pseudo-biological difference based purely on their identity as Indigenous.”

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based).

Patterned group-level structural inequalities faced by Indigenous peoples in the US and elsewhere in many ways follow patterns of those inequalities experienced by other racialized groups.

“the patterned group-level structural inequalities faced by Indigenous peoples in the US (and elsewhere) in many ways follow patterns of those inequalities experienced by other racialized groups.”

May combine two claims.

The most sweeping criminalization of Native culture came during the Assimilation Era of the late 19th to early 20th centuries, which saw the attack on Native communities, families, and culture in the form of the forced removal of Native children to government boarding schools for cultural reprogramming under the auspices of basic education and occupational training.

“The most sweeping criminalization of Native culture came during the Assimilation Era of the late 19 th to early 20 th centuries which saw the attack on Native communities, families, and culture in the form of the forced removal of Native children to government boarding schools for cultural reprogramming under the auspices of basic education and occupational training”

• cites Ross 1998 sourceNot checked — no full text of the source
• cites Nielson and Silverman 2007Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Bracey 2016Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Within boarding schools, Native children were dispossessed of all material and symbolic aspects of their culture, forced to cut their hair and dress in Anglo clothing, and were severely punished for speaking their own language, practicing their religions, or engaging in any other practices associated with their cultures.

“Within these boarding schools, Native children were dispossessed of all material and symbolic aspects of their culture, forced to cut their hair and dress in Anglo clothing, and were severely punished for speaking their own language, practicing their religions, or engaging in any other practices associated with their cultures”

• cites Nielson and Silverman 2007Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Bracey 2016Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Nielson and Jarratt-Snider 2018Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S4 (based).

To date, research examining Indigenous disproportionate incarceration has consistently made connections to settler colonialism.

“To date, research examining Indigenous disproportionate incarceration has consistently made connections to settler colonialism.”

Probably not a substantial claim: may not pass S4 (based).

The impacts of removal from community and general society via incarceration are necessarily more deeply entrenched and magnified the longer one remains incarcerated.

“The impacts of removal from community, and general society via incarceration are necessarily more deeply entrenched and magnified the longer one remains incarcerated.”