Mass Incarceration of Native Americans

 

Written by: Sarah McCullough



There has been a growing momentum to address the issues of police brutality and incarcerating Native Americans. While these issues are not widely talked about, it does not erase the fact that Natives face an unfair incarceration rate, especially on their reservations. Because injustices on Natives go frequently unreported, it is important to bring light to what is going on. Native Americans make up one percent of the United States’ total population, and makeup two percent of police killings. States with a higher Native population are super overrepresented in the criminal justice system. Natives make up nine percent of the total population of South Dakota and make up twenty-nine percent of their prison populations. Similarly, in Alaska, Natives make up fifteen percent of its total population and thirty-eight percent of its prison population (Ross-Pilkington).           

            A major reason for the lack of awareness is that there is not much data being collected on the incarcerations of Natives. Reporting of crimes is voluntary, and not all tribes report their crimes and incarcerations. The 2010 census is one of the only resources that provides information on the incarcerations of Natives. In 2010, 37,854 Natives were in correctional facilities; that is double of how many whites were in correctional facilities, as a comparison (Daniel). Another reason is the data collection efforts are easily hindered. There are overlaps in tribal jurisdictions, differences in tribal justice systems, and tribal courts cannot hear all trials (Ross-Pilkington). 

            The data collected is not collected in an attempt to evaluate community behaviors and help to improve them. Instead, this data leads further the strain between Natives and local law enforcement as Natives are continued to be labeled as a nuisance to their societies. This becomes a concern when it comes to Native youth. Individuals twenty-one and under make up forty-two percent of the total Native American population (Daniel). Their youth are arrested more frequently, and are also moved in to adult prison systems as their communities do not have the resources for them. Without the intent to evaluate and improve these communities that the locals are perceiving as bad, kids being put through harmful justice system will not get the reform they need and deserve (Jailed). 

Most incarcerations of Natives happen under extreme or unfair circumstances. Some crimes committed by Natives fall under The Major Crimes Act, and are then prosecuted by a federal court (Ross-Pilkington). The federal courts are much harsher than state or local courts, especially when it comes to first time offenders (Jailed). With this, and there being no reformation system in place for Natives in the criminal justice system, it makes it nearly impossible to get out of the system, increasing the incarceration rate indefinitely. Crimes committed against Natives are not able to be tried in tribal courts, putting the tribes at a disadvantage (Daniel).

One possible solution that could help lower the incarceration rate of Natives would be to reform the jurisdictions tribes and local law enforcement fall under. This would increase tribal sovereignty, and reduce the need or multiple trials under a tribal and federal court system. It would also lead to a more reformative system, that tribes could put in place for their own needs, which would go a long way for their communities (Ross-Pilkington).

 


Sources:

Jailed for Melanin. “Indigenous Communities and Mass Incarceration.” Jailedformelanin.com.

2020. https://www.jailedformelanin.org/native-commuities

 

Ross-Pilkington, Jack. “Mass Incarceration and Police Violence in Native American

Communities.” Cornellrooseveltinstitute.org. 3 November, 2017. https://www.cornellrooseveltinstitute.org/dom/mass-incarceration-and-police-violence-in-native-american-communities

 

Daniel, Roxanne. “Since you asked: What data exists about Native American people in

the criminal justice system?” prisonpolicy.com. 22 April, 2020. https://www.prisonpolicy.org/blog/2020/04/22/native/



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