Law Enforcement Contact With Native Americans

Multicultural Law Enforcement: Strategies for Peacekeeping in a Diverse Society, 4e

Shusta, Levine, Wong, Olson, Harris

© 2008 Pearson Education, Inc.

Upper Saddle River, NJ 074581

Law Enforcement Contact With Native Americans

Chapter 9





Learning Objectives for Chapter 9

Describe the historical background, demographics, and diversity within the Native American community in the United States

Discuss the implications of communication styles, group identification terms, myths and stereotypes, and family structure of Native Americans for law enforcement





Learning Objectives for Chapter 9

Communicate the impact of the family structure and mobility, gender roles, tribal system, reservations, adolescent and youth issues on law enforcement contact

Highlight key law enforcement concerns and

skills, resources, and practices for addressing some of these concerns





Historical Information and Background

Origins in America are disputed by historians

Came from Asia over 40,000 years ago

Originated here (and did not come from anywhere)

Term “Indian” not accurate

Columbus thought that he was in the Indies (India, China, East Indies, and Japan)





Tribe Names and History

Tribes prefer “The People,” “The Allies,” or “The Friends”

History books mention their existence only in relationship with Christopher Columbus

Tribes real name is not commonly used name (e.g., Sioux—means enemy or snake and was adopted by French traders)





Treaties and Treatment

The U.S. Government the worst violator

Genocide and killing of entire tribes

Dehumanized as “savages” and less than human





Treaties and Treatment

Progress on record has not been met withprogress in spirit and in actions

“The system” may not be trusted because of the many breach of treaties and contracts

American police officer perceived as a symbol of rigid and authoritarian governmental control





Proud and Long Tradition of Native Americans Serving in the U.S. Military

Served in America’s fight for independence

Served in all of America’s wars with honor and devotion to duty

More than 44,000 American Indians, out of a total Native American population of less than 350,000, served with distinction during World War II





Private First Class Lori Piestewa of the U.S. Army and from the Hoppi tribe

PFC Piestewa was the first woman soldier to die in the Iraqi War and first Native American woman to die in combat. She was a 23-year-old single mother of a four-year old son and a three-year old daughter. – PFC Piestewa died fighting the enemy when her

convoy was ambushed on March 23, 2003, near Nasiriyah, Iraq. She died in battle with eight other American soldiers of her unit as PFC Jessica Lynch was taken prisoner and later rescued by U.S. troops on April 1, 2003.





Native American Identity

Who is a Native American? Tribes determine membership status

Not all tribes recognized by U.S. Government

561 tribes according to U.S. Government

3.3 million Native Americans and Alaska Natives = 0.9 percent of the U.S. population





The Term “Native American”

1960s term and referred to groups served by the Bureau of Indian Affairs (BIA)

Preferred terms vary greatly among groups

Mislabeling may occur because of Spanish first names or last names due to intermarriage





Native American Populations, Tribes, and Reservations

New York and Los Angeles have the largest Native American populations

43 percent of all Native Americans live in the west

Cherokee, Navajo, and Latin American Indians comprise the most populated tribal groupings

Approximately 300 Reservations

1.5 million people on Tribal Reservations





Native American Populations, Tribes, and Reservations

Reservation (Indian Country, referred by BIA) is land that the U.S. government holds in trust for the use of a Native American tribe

55.7 million acres of land are held in trust and managed by the BIA

Since the early 1980s, more than half living outside of reservation communities





Differences and Similarities Among Native Americans

Not all tribes are alike

Each tribe has its own sets of traditions and beliefs

Overall, all tribes have more similarities thandifferences





Philosophy Toward the Earth and the Universe

Deep respect for nature and Mother Earth

Spiritual connection

Western civilization sees human beings as superiorto all other forms and that the universe is to be used as is fitting





Acculturation to Mainstream Society Indicators of Problems with Acculturation:

Suicide rate for Native Americans is 72 percent greater than the rate for all other populations in the U.S.

Suicide rate for 15- to 34-year-old males is double that of the national average

Alcoholism is a leading health and social problem

Pan-Indian movement is devoted to helping educate and bring Native Americans back to their roots





Research Findings Show

Strong cultural ties avoid this self-destructivebehavior

Southwestern Pueblos and the Navajo tribes have been very successful

Healthier attitudes displayed toward bicultural identities





National Congress of American Indians

Deals with political and social issues for Native Americans

Promotes and protect the rights of Native Americans as a group

Celebrates Native American cultures

Condemns the use of sports team mascots, e.g., Washington Redskins, Atlanta Braves, etc.

Highlights the positive Native American rituals and practices





Language and Communication

Openness and self-disclosure in communication generally do not occur between strangers

Silence is a virtue

Avoid small talk and use words sparingly and wisely

Eye contact is disrespectful for most tribes and displays anger





Touching and Proxemics

Strangers should not touch

A brief handshake is permissible

Married couples do not show affection in public

Avoid crowding or standing close





Language

Some Native Americans are bilingual

For some, English is a second language (ESL)

Police need to be aware of the ESL issues and cultural preferences

Sensitivity to historical and acculturation experienceswill enhance communication





Offensive Terms, Labels and Stereotypes

Any offensive term is unprofessional and unacceptable

Any derogatory comment, negative saying,stereotypic remark should be stopped

Statement of, “I am part Indian” is patronizingand does not lead to greater rapport





Family Related Issues

Deepest respect for elders

Strong extended family and kinship ties

Terrible memories of boarding schools operated by Bureau of Indian Affairs (children separated from their parents)

Children forced to learn English and unlearn their heritage and forcefully removed from their homes





Key Issues in Law Enforcement

Distrust of the police because they are part of the government, the “system”

American Indians experienced violence at rates:– 2 times more than Blacks– 2.5 times more than Whites– 4.5 times more than Asians

Source: Bureau of Justice Statistics





Jurisdiction

In 1885, the Major Crimes Act was passed in the United States

The federal government has exclusive jurisdiction on major crimes committed on reservations

Federal criminal jurisdiction in Indian Country is derivedfrom the Federal Criminal Code, Title 18, USC 1152





Jurisdiction: Indian County Crimes Act and Title 18, USC 1153, Major Crimes Act

The 1994 Crime Act expanded federal criminal jurisdiction in Indian Country because of the sovereign status of federally recognized Indian tribes, which precludes most states from exercising criminal jurisdiction in Indian Country over Indian persons. Jurisdiction resides with the tribes themselves on a limited basis or with the federal government.





FBI has Jurisdiction in the Following Crimes Committed on Indian Country

1. Homicide/Death

2. Child Sexual/Physical Abuse

3. Violent Felony Assault

4. Drugs and Gangs

5. Corruption/Fraud Against the Government/Theft of Tribal Funds

6. Gaming Violations

7. Property Crimes





Tribal and BIA Police

Historically, Native American reservations have been policed by federal officers employed with the BIA or by their own tribal police

The BIA’s preference in filling police officer vacancies is given to qualified Indian candidates in accordance with the Indian Preference Act of 1934, Title 25, USC, Section 472





Tribal and BIA Police

Most tribal governments have their own tribal police departments consisting of 171 law enforcement agencies and have federal/state arrest authority

There are 2,000 tribal police officers and over 1,000 non-sworn employees with the tribal police

The BIA only has 37 law enforcement agencies and just over 300 sworn officers

Source: Bureau of Justice Statistics, 2003





Key Issues in Law Enforcement

Police stops and racial profiling

Peyote for religious use

Trespassing and sacred burial lands

Native American sites—use, desecration, and looting

Indian casinos and gaming

Fishing treaties and controversy

Law Enforcement Contact With Native Americans

Documents

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