Preliminary Assessment of the Numbers and Characteristics of Native Americans Under 18 Processed by Various Justice Systems

• NCJ Number: 77581
• Author(s): T E Black; C P Smith
• Date Published: 1980
• Length: 43 pages
• Sponsoring Agency: US Dept of Justice
• Corporate Author: American Justice Institute
• Publication Format: Document
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

This report describes arrest rates, physical characteristics, court processing, and treatment of American Indian offenders under 18 years old for 1979.

Abstract

Few statistical services identify American Indians as a racial category, and data collection must depend on many sources. This study used information from the Bureau of Indian Affairs, the 10 States where resident Indian populations were the greatest, national associations involved in Indian affairs, and research organizations which have access to Indian data. Because 66 percent of the Indians live on or near an Indian reservation, a summary of the tribal justice system and the laws or regulations governing it is provided. The proportion of Indians under 18 is estimated and compared with whites and blacks. Indians can be procesed through 3 different justice systems: the Federal courts, tribal courts, and the State juvenile justice system. Arrest statistics from all 3 sources are categorized by major, misdemeanor, and status offenses, and State arrest patterns are reviewed. In general, Indians have a higher rate of status offense arrests than blacks or whites and most Indian juveniles arrested are males. Using data from selected States, the numbers of Indians referred to juvenile courts are estimated. These calculations indicate that American Indians are referred by law enforcement agencies at a rate higher than either blacks or whites. The discussion of tribal court methods of handling juveniles notes that adults and youths area combined in most tribal caseload statistics and few detention or treatment facilities for juveniles exist on reservations. Federal boarding schools and dormitory programs are examples of the dispositional alternatives available to tribal judges and may be part of a broader concern about the large percentage of Indian children that are separated from their families. Finally, the study's findings are outlined. The appendixes contain 24 references, statistical tables, a chart depicting the tribal juvenile justice system, and a summary of the jurisdictional status of Indian communities within various states.