Native Americans and Monetary Sanctions
Open accessAbstract
Native Americans are disproportionately affected by the criminal legal system, yet comparative analyses of criminal legal outcomes and experiences among racial and ethnic groups rarely center the experiences of Native Americans. This multimethod study examines how monetary sanctions are affecting Native American populations in Minnesota. Drawing on administrative criminal court data and qualitative fieldwork, we find that Native Americans are subject to among the largest overall legal financial obligations (LFOs) in criminal court and carry the largest average LFO debt loads relative to other racial and ethnic groups in Minnesota, particularly when proximal to tribal lands. Moreover, monetary sanctions exacerbate existing poverty and spatial isolation in rural areas, compounding and further entrenching historical, systemic disadvantages that Native communities already face. We contextualize these findings within the broader history of U.S. settler colonialism, resource extraction, and dispossession.
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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.”
From Indigenous Carceral System Inequalities in the US: A Synthesis of the Literature About the Nature and Sources (2025) · cites this paper as Stewart et al. 2022
The Discussion and Conclusion reports that Native defendants in Minnesota carry substantially higher legal-financial-obligation debt than White defendants, supporting a narrower claim about monetary penalties. It does not compare penalties for property or person crimes against White victims with those for White individuals who committed crimes against Native victims. (LLM, conf=0.86)
Experimental — accuracy not yet measuredStewart 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).”
From Indigenous Carceral System Inequalities in the US: A Synthesis of the Literature About the Nature and Sources (2025) · cites this paper as Stewart et al. 2022
The Abstract and Discussion and Conclusion report Stewart et al.’s Minnesota study of racial disparities in criminal-court fines, fees, and outstanding debt. The copy does not establish that its results were similar to those of Munoz and McMorris (2002), so the comparison is not supported by this source. (LLM, conf=0.82)
Experimental — accuracy not yet measuredResults 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).”
From Indigenous Carceral System Inequalities in the US: A Synthesis of the Literature About the Nature and Sources (2025) · cites this paper as Stewart et al. 2022
The Discussion and Conclusion (page unavailable) reports larger monetary sanctions and debt loads for Native defendants in Minnesota, supporting the harsher-outcomes part of the claim in that specific context. The paper does not establish the claimed range of sentencing findings, including equivalent or more lenient outcomes for Native people. (LLM, conf=0.82)
Experimental — accuracy not yet measuredPart 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).”
From Indigenous Carceral System Inequalities in the US: A Synthesis of the Literature About the Nature and Sources (2025) · cites this paper as Stewart et al. 2022
The Abstract reports that Native Americans are overrepresented in arrests and incarceration, and the Discussion and Conclusion reports that Native defendants in Minnesota carry the largest average court-debt loads. In “Poverty and Spatial Isolation” (page unavailable), a public defender says probation-related fees and pay-for-stay jail costs can rapidly accumulate. The paper does not establish that higher arrest and incarceration rates are what make Native people more likely to incur those particular costs. (LLM, conf=0.82)
Experimental — accuracy not yet measuredThe rurality and poverty of Native individuals and communities on or near reservations, marked by lack of access to work and welfare resources, compounds the effects of financial obligations, the challenge of meeting these obligations, and the debt that can accrue from failing to meet them.
“Further, the rurality and poverty of Native individuals (and communities) on or near the reservations, marked by lack of access to work and welfare resources, compounds the effects of financial obligations, the challenge of meeting these obligations, and the debt that can accrue from failing to meet (2022).”
From Indigenous Carceral System Inequalities in the US: A Synthesis of the Literature About the Nature and Sources (2025) · cites this paper as Stewart et al. 2022
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
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).”
From Indigenous Carceral System Inequalities in the US: A Synthesis of the Literature About the Nature and Sources (2025) · cites this paper as Stewart et al. 2022
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 measuredMuch 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).”
From Indigenous Carceral System Inequalities in the US: A Synthesis of the Literature About the Nature and Sources (2025) · cites this paper as Stewart et al. 2022
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).”
From Indigenous Carceral System Inequalities in the US: A Synthesis of the Literature About the Nature and Sources (2025) · cites this paper as Stewart et al. 2022
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)).”
From Indigenous Carceral System Inequalities in the US: A Synthesis of the Literature About the Nature and Sources (2025) · cites this paper as Stewart et al. 2022
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).”
From Indigenous Carceral System Inequalities in the US: A Synthesis of the Literature About the Nature and Sources (2025) · cites this paper as Stewart et al. 2022
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).”
From Indigenous Carceral System Inequalities in the US: A Synthesis of the Literature About the Nature and Sources (2025) · cites this paper as Stewart et al. 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).”
From Indigenous Carceral System Inequalities in the US: A Synthesis of the Literature About the Nature and Sources (2025) · cites this paper as 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).”
From Indigenous Carceral System Inequalities in the US: A Synthesis of the Literature About the Nature and Sources (2025) · cites this paper as Stewart et al. 2022
The data and methods passages report racial differences in fines, fees, and outstanding debt, while the discussion and conclusion address monetary sanctions. A search for sentence length, prior criminal record, offense circumstances, and adjusted racial disparities found no passage testing whether those controls reduced disparities in sentence length. (LLM, conf=0.75)
Experimental — accuracy not yet measuredStewart 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).”
From Indigenous Carceral System Inequalities in the US: A Synthesis of the Literature About the Nature and Sources (2025) · cites this paper as Stewart et al. 2022
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 measuredAcross 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).”
From Indigenous Carceral System Inequalities in the US: A Synthesis of the Literature About the Nature and Sources (2025) · cites this paper as Stewart et al. 2022
The Results and Discussion passages report racial differences in monetary sanctions and debt, not sentence length. A Data and Methods passage lists statutory maximum jail terms for offense levels, but does not compare sentence lengths across racial groups or offense types. Searches for “sentence length” and “offense type” found no passage addressing the attributed finding; page numbers were not available in our copy. (LLM, conf=0.76)
Experimental — accuracy not yet measuredStewart 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.”
From Indigenous Carceral System Inequalities in the US: A Synthesis of the Literature About the Nature and Sources (2025) · cites this paper as Stewart et al. 2022
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
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- Authors
- Stewart, R., Watters, B., Horowitz, V., Larson, R. P., Sargent, B., & Uggen, C.
- Affiliations
- University of Minnesota (US)
- University at Buffalo, State University of New York (US)
- University of Massachusetts Amherst (US)
- Venue
- RSF: The Russell Sage Foundation Journal of the Social Sciences
- Publisher
- Russell Sage Foundation
- Published
- 2022-01
- Volume
- 8
- Issue
- 2
- Pages
- 137-156
- ISSN
- 2377-8253 (ISSN-L)
- 2377-8261
- OpenAlex
- W4206029238
- Cited by
- 22
- References
- 52
- Citations by year
- 2026: 1 · 2025: 3 · 2024: 5 · 2023: 3 · 2022: 10
- FWCI
- 7.55
- Type
- journal article
- Language
- en
- Open access
- diamond
- doi.org
- Licence
- cc-by-nc-nd
- Locations
- RSF The Russell Sage Foundation Journal of the Social Sciences (publishedVersion, cc-by-nc-nd)
- Project Muse (Johns Hopkins University) (submittedVersion, cc-by-nc-nd)
- DOAJ (DOAJ: Directory of Open Access Journals) (submittedVersion, cc-by-sa)
- Funders
- University of Washington (P2C HD042828)
- Arnold Ventures
- National Institute of Child Health and Human Development (HD042828)
- Eunice Kennedy Shriver National Institute of Child Health and Human Development (research infrastructure grant, P2C HD042828, HD042828, P2CHD042828)
- Topics
- Social Sciences › Sociology and Political Science › Criminal Justice and Corrections Analysis
- Social Sciences › Law › Criminal Justice and Penology
- Social Sciences › Economics, Econometrics and Finance › Economics and Econometrics › Law, Economics, and Judicial Systems
- Keywords
- Native Americans, financial sanctions, legal financial obligations, criminal justice system, racial disparities, tribal areas, poverty, rural isolation, settler colonialism, resource extraction, dispossession, Minnesota
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