CRIMINAL JUSTICE AND THE AMERICAN INDIAN

• NCJ Number: 55408
• Journal: INDIAN HISTORIAN Volume: 11 Issue: 2 Dated: (1978) Pages: 42-48
• Author(s): A RANDALL; B RANDALL
• Date Published: 1978
• Length: 7 pages
• Corporate Author: American Indian Historical Soc Inc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE HIGH ARREST RATE OF THE AMERICAN INDIAN IS EXAMINED IN THIS REPORT AND POSSIBLE SOLUTIONS ARE OFFERED.

Abstract

A REVIEW OF THE UNIFORM CRIME REPORTS INDICATES THAT AMERICAN INDIANS HAVE A HIGHER PER CAPITA ARREST RATE THAN ANY OTHER GROUP OF PEOPLE. ALTHOUGH ACCORDING TO 1974 STATISTICS, NATIVE AMERICANS CONSTITUTED .37 PERCENT OF THE UNITED STATES POPULATION, THEY WERE 1.5 PERCENT OF ALL ARREST THAT YEAR, AND 11.36 PERCENT OF ALL INDIANS WERE ARRESTED. IN SPOKANE, WASH., THE NUMBER OF NATIVE AMERICAN ARRESTS EXCEEDED THE TOTAL NUMBER OF INDIANS IN THE CITY. RECENT TRENDS INDICATE THAT THE SITUATION IN SPOKANE IS GETTING WORSE. EXAMINING DATA ON COURT APPEARANCES, IT IS ALSO EVIDENT THAT A DISPORPORTIONATE PERCENTAGE OF INDIANS ARE APPEARING IN IN COURT. MUCH OF THIS IS ATTRIBUTED TO THE STEREOTYPE OF THE DRUNKEN INDIAN, BUT THIS EXPLANATION ALONE IS UNSATISFACTORY. HOWEVER, THE STEREOTYPE AND THE EXPECTATION THAT GOES WITH IT LEADS TO MORE ARRESTS, AS POLICE OFFICERS JUST EXPECT INDIANS TO BE DRUNK. ASIDE FROM THIS EXPECTATION, THE FOLLOWING ARE OFFERED AS EXPLANATIONS FOR THE OVERREPRESENTATION OF INDIANS IN ARREST STATISTICS: (1) A MISUNDERSTANDING OF INDIAN CULTURE, (2) INTERNAL INDIAN DISPUTES, AND (3) RACIAL PREJUDICE ON THE PART OF JUDGES. REGARDING INDIAN CULTURE, IT IS POSTULATED THAT BECAUSE INDIANS TEND TO BE SILENT WHEN CONFRONTED WITH THE POLICE, POLICE BECOME FURIOUS AND ARREST MORE FREQUENTLY. SOME OTHER ARRESTS ARE ATTRIBUTED TO INDIANS ATTEMPTING TO SETTLE DISPUTES SUCH AS LAND AND TREATY DISPUTES ON THEIR OWN. WHAT CAN BE DONE TO ALLEVIATE THIS SITUATION? FIRSTLY, JUDGES AND OTHER LAW ENFORCEMENT PERSONNEL MUST BE MADE AWARE OF THIS PREJUDICE. SECONDLY, THESE AGENCIES SHOULD STRIVE TO EMPLOY NATIVE AMERICANS IN ORDER TO ENSURE EQUAL REPRESENTATION AND A GREATER LIKELIHOOD OF JUSTICE. FINALLY, INDIAN PROGRAMS THAT DEAL WITH REHABILITATION MUST RECEIVE GREATER FUNDING. TABLES ARE PROVIDED. (MLC)