NCJ Number
53212
Date Published
1977
Length
81 pages
Annotation
THE QUALITY OF JUSTICE AVAILABLE TO A SPECIFIC GEOGRAPHIC GROUP OF NATIVE AMERICANS IN SOUTH DAKOTA WAS ASSESSED TO INVESTIGATE ALLEGATIONS OF DISCRIMINATORY PRACTICES IN THE CRIMINAL JUSTICE SYSTEM.
Abstract
THE PROJECT INVESTIGATED THE OFF-RESERVATION AREAS OF LARGELY URBAN PENNINGTON COUNTY AND RURAL CHARLES MIX COUNTY. REPORTS OF ALLEGED EXCLUSION FROM JURIES, DISCRIMINATORY USE OF BAIL, AND THE LACK OF ADEQUATE LEGAL REPRESENTATION WERE INVESTIGATED, ALONG WITH CHARGES OF HARASSMENT, ABUSE, AND DISPARATE TREATMENT BY LAW ENFORCEMENT OFFICIALS IN THE STATE. THE ISSUES INVESTIGATED WERE CONFINED TO CRIMINAL JUSTICE MATTERS INVOLVING STATE, COUNTY, AND MUNICIPAL LAW ENFORCEMENT AGENCIES. APPROXIMATELY 130 PERSONS WERE INTERVIEWED THROUGHOUT THE STATE, INCLUDING STATE OFFICIALS, LAW ENFORCEMENT OFFICERS, DEFENSE AND PROSECUTING ATTORNEYS, JUDGES, COURT ADMINISTRATORS, COMMUNITY ORGANIZATION REPRESENTATIVES, NATIVE AMERICAN COMPLAINANTS, AND OTHER INTERESTED PERSONS. STATISTICAL DATA AND OTHER PERTINENT INFORMATION WERE ALSO GATHERED AS BACKGROUND MATERIAL. THE STUDY FOUND EVIDENCE OF WIDESPREAD ABUSE OF POLICE POWER THROUGHOUT THE STATE. IMPROPRIETIES INCLUDED SELECTIVE LAW ENFORCEMENT, SEARCH AND ARREST WITHOUT CAUSE, HARASSMENT AND BRUTAL TREATMENT, ARREST OF INTOXICATED PERSONS ON DISORDERLY CONDUCT CHARGES, AND SIMPLE DISCOURTESIES. FURTHER, THE COURT-APPOINTED DEFENSE ATTORNEY SYSTEM WAS FOUND TO PLACE INDIGENT DEFENDANTS AT A SERIOUS DISADVANTAGE. IT WAS ALSO FOUND THAT NATIVE AMERICANS RARELY SERVE ON JURIES, THAT THE BAIL SYSTEM WORKS TO THEIR DISADVANTAGE, AND THAT AFFIRMATIVE ACTION EFFORTS ARE INADEQUATE. SPECIFIC FINDINGS AND RECOMMENDATIONS ARE PROVIDED WITH REGARD TO JURISDICTION, CRIMINAL JUSTICE RECORDS, EMPLOYMENT OF NATIVE AMERICANS BY LAW ENFORCEMENT AGENCIES AND THE COURTS, LAW ENFORCEMENT OFFICERS' STANDARDS, UPGRADING LAW ENFORCEMENT PERSONNEL, ABUSE OF POLICE POWER, CIVIL DEFENSE UNITS, HANDLING RAPE VICTIMS, ALCOHOL AND CRIME, TRIAL DELAYS, COMMUNICATIONS PROBLEMS IN THE COURTS, THE DEFENSE SYSTEM, THE BAIL SYSTEM, JURY REPRESENTATION, AND POVERTY AND CRIME. CORRESPONDENCE, TABULAR DATA, AND RELATED MATERIALS ARE APPENDED. (KBL)