Tribal Policing: Asserting Sovereignty, Seeking Justice

The upshot of federal policies and non-tribal law enforcement policing in Indian Country has been the diminishing of tribal law enforcement and judicial capacities and tribal sovereign powers to implement culturally responsive policies and practices.

“The upshot of federal policies and non-tribal law enforcement policing in Indian Country has been not only the diminishing of tribal law enforcement and judicial capacities and tribal sovereign powers to implement culturally responsive policies and practices (Luna-Firebaugh 2007;Deer 2015;Nielson and Jarratt-Snider 2018).”

Federal policies and non-tribal law enforcement policing in Indian Country have created a complex jurisdictional maze which confounds even law enforcement personnel when determining which authority has jurisdiction.

“It has also meant the creation of a complex”

The Indian Civil Rights Act (ICRA-1968) limited the carceral powers of tribal courts to punishments of up to 1 year in prison per offense.

“The Indian Civil Rights Act (ICRA-1968) limited the carceral powers of tribal courts to punishments of up to 1 year in prison per offense”

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”

The Major Crimes Act extended the reach of the General Crimes Act to include prosecutorial powers over serious crimes when committed by Native individuals against other Native individuals.

“The Major Crimes Act extended the reach of the General Crimes Act to include prosecutorial powers over those serious crimes when committed by Native individuals against other Native individuals”

The General Crimes Act imposed federal law enforcement, rather than tribal jurisdiction, over crimes in Indian Country committed by non-Native perpetrators against Native victims.

“The General Crimes Act imposed federal law enforcement (rather than tribal) jurisdiction over crimes in Indian Country committed by non-Native perpetrators against Native victims”

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”

The Major Crimes Act covered serious crimes committed in Indian Country, including murder, kidnap, and rape.

“The Major Crimes Act covered serious crimes committed in Indian Country, including murder, kidnap, and rape”

The Assimilative Crimes Act imposed state laws on crimes in Indian Country where no federal law existed, regardless of the existence of relevant tribal laws.

“the Assimilative Crimes Act imposed state laws to these crimes in Indian Country where no federal law existed (regardless of the existence of relevant tribal laws)”

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”

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”

Native judges for the Court of Indian Offenses were handpicked by the Bureau of Indian Affairs based upon their level of assimilation into Anglo societal standards and their willingness to follow the dictates and standards of settler law.

“Native judges for the CIO were handpicked by the BIA based upon their level of assimilation into Anglo societal standards and their willingness to follow the dictates and standards of settler law”

The Court of Indian Offenses functioned as a mechanism of indirect settler management of Indian Country.

“In short, the CIO functioned as a mechanism of indirect settler management of Indian Country”