NCJ Number
64168
Journal
Montana Law Review Volume: 33 Dated: (1972) Pages: 233-254
Date Published
1972
Length
22 pages
Annotation
FEDERAL AND STATE LEGISLATIVE MEASURES ARE SUGGESTED TO PROVIDE NEEDED TREATMENT AND DETENTION FACILITIES FOR INDIAN JUVENILE DELINQUENTS IN MONTANA.
Abstract
THE JURISDICTIONAL HISTORY AND INTERRELATION OF TRIBAL, STATE, AND FEDERAL CRIMINAL SYSTEMS ARE SURVEYED AS TRIBAL JUVENILE PROCEDURES ARE PLACED IN PROPER JURISDICTIONAL PERSPECTIVE. SIX EXAMPLES OF ACTUAL PRACTICES (FROM THE STAGES OF ARRESTS, PRELIMINARY PROCEDURES, COURT APPEARANCE, TREATMENT, COUNSELING, AND REHABILITATION OF DELINQUENT JUVENILES) ARE PLACED INTO THE TOTAL SCHEME IN ORDER TO EVALUATE THE SITUATION. IT IS RECOMMENDED THAT INDIAN TRIBES HAVE ACCESS TO THE USE OF BOTH FEDERAL AND STATE FACILITIES WHEN NEEDED, AND ALSO MAKE DECISIONS ABOUT NEED. UNDER PRESENT LAW, FACILITIES ARE LACKING FOR TREATMENT AND REHABILITATION OF DELINQUENT CHILDREN. UNLESS INDIAN JUVENILES COMMIT A MAJOR CRIME OR ARE DELINQUENTS NOT RESIDING ON INDIAN LAND, THEY WILL FALL SOLELY UNDER THE JURISDICTION OF THE TRIBE. THE RESULT, AS DOCUMENTED IN THESE SIX STUDIES OF VARIOUS RESERVATIONS, IS GENERALLY A DENIAL OF THE SAME QUALITY OF TREATMENT, CARE, AND REHABILITATION AVAILABLE TO OTHER JUVENILES IN THE UNITED STATES. PROCEDURAL DIFFERENCES AMONG THE SIX RESERVATIONS INCLUDE TRIBAL LAWS, THE PRESENCE OF JUVENILE OFFICERS, LACK OF WRITTEN CODES, IDENTITY OF THE ARRESTING OFFICER, AND DISCRETIONARY POWERS OF ARRESTING OFFICERS. THE INADEQUACIES IN THE PROCEDURES STEM FROM LACK OF PERSONNEL, LACK OF GENERAL FACILITIES, AND LACK OF INTEREST BY LAW-AND-ORDER PERSONNEL. THE CREATION OF A FEDERAL INDIAN JUVENILE GODE IS RECOMMENDED THAT COULD ALLOW REFERRAL TO THE FEDERAL AUTHORITIES BY TRIBAL COURTS WHEN TRIBAL PERSONNEL FEEL THAT TRIBAL FACILITIES HAVE BEEN USED TO THEIR FULL EXTENT. FOOTNOTES ARE INCLUDED. (RFC)