NCJ Number
59050
Date Published
1978
Length
37 pages
Annotation
THE QUALITY OF JUSTICE AVAILABLE TO NATIVE AMERICANS IN BURLEIGH COUNTY, N. DAK., IS INSUFFICIENT DUE TO A LACK OF CULTURAL UNDERSTANDING BETWEEN WHITE AND INDIAN PEOPLE.
Abstract
MEMBERS OF THE NORTH DAKOTA ADVISORY COMMITTEE CONDUCTED INVESTIGATIONS FROM JUNE 1976 TO APRIL 1978, INTERVIEWING 85 PERSONS IN BURLEIGH COUNTY AND THROUGHOUT THE STATE ON THE SUBJECT OF CRIMINAL JUSTICE FOR NATIVE AMERICANS. PURSUANT TO THE COMMITTEE'S RESPONSIBILITY TO ADVISE THE U.S. COMMISSION ON CIVIL RIGHTS ON INSTANCES OF UNJUST TREATMENT IN NORTH DAKOTA, THE COMMITTEE REPORTS THAT INDIAN PEOPLE ARE PLACED AT A SEVERE DISADVANTAGE IN THE CRIMINAL JUSTICE SYSTEM. DESPITE SOME PROGRESS IN THE QUALITY OF JUSTICE, THERE IS STRONG EVIDENCE OF PREJUDICE AGAINST THE INDIAN POPULATION. ALTHOUGH JUDGES TEND TO BE FAIRLY CONSISTENT IN SETTING BAIL FOR BOTH INDIANS AND WHITES, MOST NATIVE AMERICANS HAVE MORE TROUBLE RAISING MONEY FOR BAIL AND ARE MORE APT TO BE REFUSED PERSONAL RECOGNIZANCE BONDS. CONSEQUENTLY, MOST JAIL TIME IS SPENT BY INDIAN DEFENDANTS. BECAUSE MANY INDIANS ARE TRANSIENTS, THEY ARE DEALT WITH MORE HARSHLY THAN DEFENDANTS WHO ARE LOCAL RESIDENTS. RACIAL PREJUDICE AGAINST INDIANS IS SO PERVASIVE THAT IT IS UNLIKELY THAT AN IMPARTIAL JURY COULD BE EMPANELLED. A SURVEY CONDUCTED FOR THE NATIONAL JURY PROJECT INDICATED THAT 85 PERCENT OF THOSE INTERVIEWED IN SOUTHWESTERN NORTH DAKOTA WERE RACIALLY PREJUDICED AGAINST INDIANS. INDIANS COMPRISE 20 TO 30 PERCENT OF THE NORTH DAKOTA STATE PENITENTIARY POPULATION, NEARLY TEN TIMES THEIR PROPORTION IN THE GENERAL POPULATION. NATIVE AMERICANS ARE UNDERREPRESENTED IN THE STAFFS OF THE BURLEIGH COUNTY SHERIFF'S OFFICE AND THE BISMARK CITY POLICE DEPARTMENT. NEITHER AGENCY HAS AN AFFIRMATIVE ACTION PROGRAM THAT IS ADEQUATE TO ENSURE FUTURE RECRUITMENT OF INDIAN PERSONNEL IN REPRESENTATIVE NUMBERS. THEREFORE, STATE AND LOCAL AGENCIES SHOULD ESTABLISH PROPER RECRUITMENT PROGRAMS IN COMPLIANCE WITH THE LEAA GUIDELINES. THE GOVERNOR SHOULD ASSESS THE EXTENT OF ALCOHOLISM AND ITS EFFECT ON CRIME. DETOXIFICATION PROGRAMS SHOULD BE FUNDED, AND THE LACK OF CULTURAL UNDERSTANDING BETWEEN THE RACES SHOULD BE DISPELLED BY THE USE OF NATIVE AMERICAN OMBUDSMEN TO ASSIST DEFENDANTS IN THE COURTS. TABULAR DATA AND REFERENCES ARE PROVIDED. (TWK)