NCJ Number
170921
Journal
Journal of Contemporary Criminal Justice Volume: 14 Issue: 1 Dated: (February 1998) Pages: 75-86
Date Published
1998
Length
12 pages
Annotation
This article considers varieties of Indian law enforcement under current relevant Federal law and reviews special policing issues in Indian Country.
Abstract
American Indian tribal governments have the opportunity to expand tribal sovereignty subsequent to the passage of the Indian Self-Determination and Education Assistance Act and the Indian Self-Governance Act. The legal window created by these acts, coupled with cutbacks in Bureau of Indian Affairs law enforcement services, has created an environment in which tribal governments are developing and expanding tribal law enforcement services. The legal "minefield" in which tribal governments and law enforcement personnel operate is complicated, but it must be successfully negotiated if tribal sovereignty is to be advanced through the assertion of police authority. State, Federal, local, and tribal law enforcement agencies face many different issues and special problems when considering working in and with Indian Country. Sovereignty, hot pursuit, cross-deputization, the requirements of Federal funding, the development of culturally compatible models of policing, and the operation of PL 280 (States mandated to provide law enforcement services on Indian reservations) all create hurdles that must be overcome if accountable and effective policing is to occur in Indian Country. In some places, States and tribes are trying to solve these issues; however, the resolution of cross-jurisdiction and other issues remains of particular concern when tribal law enforcement departments are being newly created and face the high incidence of criminal conduct on many reservations. This article provides seven guidelines for the development of law enforcement in Indian Country. 11 notes and 18 references