Native Americans and the Criminal Justice System

Table of Content

Native Americans in the United States come from various tribes and have reported high rates of violent crimes. They are more than twice as likely as other U.S. residents to be victims of violent crimes, making them the most victimized minority group in the country. Unfortunately, this issue often receives little attention or recognition. According to data from the Bureau of Justice Statistics (BJS), American Indians face a significantly higher risk of experiencing violent crimes compared to other U.S. residents.

In addition, European settlers who favored their own majority descent destroyed or manipulated Native Americans’ rich cultural history. These settlers depicted Native Americans as savage and bloodthirsty, resistant to religion, education, and assimilation into European culture. Negative portrayals included frequent mentions of practices like scalping enemies, burning enemy camps, and enslaving enemy women and children. The Europeans also demonized Native Americans by criticizing their pagan-like religions and native languages.

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Although the federal government has made recent efforts to improve its relationship with Native Americans, skepticism remains within the Native American community. It is challenging yet crucial to rebuild trust. In order to regain tribes’ trust and make up for past wrongdoing, President Clinton showed the government’s dedication to tribal sovereignty by signing an Executive Order in 2000 (Shusta et al. 2005, 255).

The US government has continuously let down Native Americans in the criminal justice system, despite making promises. Its insincerity can be seen throughout history. Plains Indians from the Dakotas were forcefully gathered and placed in reservations, while tribes were displaced from their original lands and moved to different reservations across the country that were deemed more suitable for living conditions.

The government considered the relocation of Native Americans, also known as the “Trail of Tears,” as an act of kindness and an opportunity for assistance from a caring authority. They were promised food, clothing, housing, and education. Despite this promise, Native Americans have encountered problems like hunger, isolation, and inadequate education. Even today, many reservations still struggle with limited educational opportunities, high unemployment rates, and widespread substance abuse.

The Cherokee nation faced a tragic event in the past when they were forcibly relocated from Georgia in winter at the cost of many lives. The constant threat to their lands led President Andrew Jackson to sign the Indian Removal Bill, which demanded that the Indians leave their land in Georgia. The president believed that the Cherokees obstructed and did not belong. Due to this betrayal and mistreatment, it is understandable why the Indian nation lost faith in the U.S. government and struggled in rebuilding trust.

Despite their efforts to retain their land in Georgia, the Cherokees were forcibly removed within three days of the removal deadline. This was a devastating time for their nation as their home was taken away by the government, once again mistreating them. Nevertheless, the Cherokee nation managed to recover and embrace their new home. In fact, their population doubled in just a few years, making them an even larger nation than before.

The years that followed saw John Ross successfully restore his nation, government, and population. Despite causing thousands of deaths and immense suffering, the Indian Removal Act also had the unintended effect of bringing the Cherokees closer together as a united nation. Among Native Americans, alcoholism is a substantially more prevalent health and social issue compared to other races. Native Americans who choose to leave the reservation for educational or employment opportunities often experience significant discomfort and anxiety due to the feeling of being torn between two worlds. Leaving the reservation means temporarily abandoning their traditions, resulting in a sense of personal loss and insecurity. Transitioning into a new environment amplifies these feelings, especially if they encounter difficulties or rejection. However, even if they achieve success and acceptance in the new world, the pain of abandonment persists as they can never fully return to the reservation (Major, A. K. A 2003).

In certain instances, the culture of numerous Indians has been erased due to forced assimilation. This occurred as their grandparents and parents were compelled to forsake their traditional practices in order to adopt a more American lifestyle. There existed a belief, held by Thomas Jefferson and others, that Native Americans could fully integrate as ‘White’ Americans. To boost local employment prospects, numerous tribes have resorted to establishing gambling casinos and the associated enterprises that provide support for these endeavors. Due to the need for survival at all costs, illegal activities would likely increase among Indians.

The relocation and dispossession of Native people, along with the enforcement of assimilation by the government, have led to Indian Americans harboring animosity towards American culture and holding a disdain for the American government. This historical mistreatment has consistently resulted in their inequality compared to others. It is worth noting that Native Americans are overrepresented as offenders in the criminal justice system of the United States, particularly in the southwestern and north-central regions.

Moreover, the criminal justice system has overlooked the valuable efforts of Native Americans in rehabilitating offenders, helping victims, and supporting service providers. This lack of acknowledgement may play a crucial role in why certain Native Americans resort to criminal behavior. Additionally, young Indians might partake in unlawful activities due to frustration stemming from perceived limited opportunities and feelings of hopelessness regarding their future prospects. According to Robert Merton’s theory, deviant behavior can be associated with the absence of social norms or anomie.

He believed that using illegal methods could be employed to gain wealth and status. Becoming a part of a gang is one way to achieve status. However, according to the OJJDP, most tribal communities did not report any gang-related deaths in 2000, and only a few respondents from the Indian country comparison sample reported more than one gang-related death (Major et al. 2004,8). Violence in tribal communities is mostly the result of individual actions rather than gang activity. On March 21, 2005, a notorious crime was committed by a Native American individual in Red Lake, Minnesota.

Jeff Weise, a 16-year old tenth grader, killed his grandfather, Red Lake Tribal Police Sergeant Daryl “Dash” Lussier. He then stole his grandfather’s bullet-resistant vest, service weapon, and police cruiser and drove to Red Lake High School where he murdered seven of his classmates. This event was considered the second-worst school shooting in US history at that time (O’Driscoll and Kenworthy 2005).

There should be initiatives aimed at improving the relationships between Native Americans and law enforcement officials.

To enhance the situation, it is beneficial to establish positive connections with American Indian organizations and individuals, while also taking the time to understand and respect their community and values. It is crucial to value elderly members from various tribes and avoid separating children from their parents whenever feasible, as parental support is important for everyone. Moreover, showing empathy towards Native Americans who make unwise choices under certain circumstances can be a constructive strategy in strengthening the relationship between officials/government and the Indian community.

Through active participation in these simple yet powerful actions, marginalized groups can enhance communication and trust with the government that has previously let them down.

REFERENCES

The final report of the Executive Committee for Indian Country Law Enforcement Improvements to the Attorney General and the Secretary of the Interior (1997) was conducted in Washington, DC by the United States Department of Justice. This report, which was discussed by Reid C. Toth, Gordon A. Crews, Catherine E. Burton, Major A.K.A. Egley Jr., J.C. Howell, and B.Mendenhall (2004), centers on special populations and American Justice, particularly addressing youth gangs in Indian Country.

Washington DC: Office of Juvenile Justice Delinquency Prevention. O’Driscoll, O and t. Kendworthy. (2005) Nazi web link eyed in killings: Echoes of Columbine emerge: gunman.

Perry, S. W. (2004), American Indians and crime. Washington DC: Bureau of Justice Statistics.

Shusta.R.M.D.R.Levine,P.R.Harris,andH.Z.Wong(2002)Multicultural law enforcement.
Shusta.R.M.D.R.Levine,P.R.Harris,andH.Z.Wong(2005)Multiculturallawenforcement.

Wood, D.S (2000). Officer turnover in the Village Public Saftey Officer Program, Alaska Justice Forum.

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