NCJ Number
42455
Date Published
1977
Length
77 pages
Annotation
THIS REPORT PRESENTS THE FINDINGS AND CONCLUSIONS FROM THE ADVISORY COMMITTEE'S INVESTIGATION OF THE TREATMENT INDIANS RECEIVE FROM ARREST THROUGH SENTENCING IN FLAGSTAFF, THE CITY BEST ILLUSTRATING THE PROBLEMS.
Abstract
THE ADVISORY COMMITTEE GENERALLY CONCLUDED THAT THE ADMINISTRATION OF CRIMINAL JUSTICE IN FLAGSTAFF IS NOT ALWAYS EQUAL FOR ALL PERSONS REGARDLESS OF RACE. THE COMMITTEE FOUND DEFICIENCIES WHICH IT BELIEVES CAN BE RECTIFIED WITH A MINIMUM OF EFFORT BY THE STATE AND THE CITY. SPECIFICALLY, THE COMMITTEE JUDGED THAT UNNECESSARY ARRESTS ARE MADE OF INTOXICATED PERSONS; WHILE THE STATE AND THE CITY HAVE FAILED TO ENSURE THE FUNDING OF LOCAL ALCOHOLISM RECEPTION CENTERS. OF PERSONS ARRESTED FOR MINOR TRAFFIC OFFENSES, IT WAS FOUND THAT THE CITY ILLEGALLY REQUIRES BOND ONLY FROM AMERICAN INDIANS. IT WAS FURTHER DISCOVERED THAT NONLAWYER MAGISTRATES FAIL TO ADVISE DEFENDANTS FULLY OF THEIR CONSTITUTIONAL RIGHTS IN CRIMINAL PROCEEDINGS. IT IS URGED THAT A FULLTIME COURT INTERPRETER BE EMPLOYED FOR THE BENEFIT OF THOSE INDIANS WHO DO NOT SPEAK ENGLISH. THE CREATION OF A STATEWIDE PUBLIC DEFENDER SYSTEM IS RECOMMENDED, AND IT IS SUGGESTED THAT COURTS TAKE STEPS TO ENSURE THAT AMERICAN INDIANS ARE NOT EXCLUDED FROM JURIES. SINCE THE ABUSE OF ALCOHOL WAS FOUND TO BE A CENTRAL FACTOR IN THE INDIAN'S ENCOUNTER WITH THE CRIMINAL JUSTICE SYSTEM, THE COMMITTEE URGES THE USE OF FEDERAL SUBSIDIES TO HELP FUND LOCAL ALCOHOLISM RECEPTION CENTERS....RCB