Ch. 14 - The Criminal Justice System by Kendra Rasmuson

Before the immigration of Europeans to America, Indian tribes had well-established codes of conduct and ways of dealing with crime; when the price was paid, the matter was settled. This changed when the federal and state governments introduced their courts with a different set of laws and punishments, which imposed an alien culture and form of government on Indian society. But the problems do not end there; today there are confusing procedures and issues like racial bias and profiling that plague the system causing Indian people to stop reporting crimes, or even showing up to hearings.

We have learned about sovereignty and how confusing it is with the three governments trying to govern simultaneously over one people. This confusion seeps into the legal system and complicates matters to the point that no one knows how to deal with criminal actions anymore. In 1968, the Indian Civil Rights Act was passed to extend most of the U.S. Constitution's Bill of Rights to individual Indians on reservations and to limit the powers of tribal governments over their members.

In conclusion, tribes are taking responsibility for their own law enforcement and punishments, but in doing so, must face tremendous legal, jurisdictional, and financial challenges. The strong correlation between criminal behavior and other social problems means that improvements in Indian education, employment, housing, and chemical dependency prevention/treatment are essential to reducing crime in Indian communities. I believe that the legal dominions over Indian people and their reservations needs to be simplified and re-structured so that it may be more useful and effective. It is good that we see more Indians in high-powered jobs, and the crime rate falling a little, but if those numbers are to become better, then something needs to be done for education and housing.