Tribal Crime and Justice: Social and Legal Contexts
Social Context
The U.S. government recognizes more than 560 American Indian tribes and Alaska Native groups comprising more than 4.3 million members. A little fewer than half of all members live on land owned by these tribes or groups, which includes more than 50 million acres of land spread across more than 30 continental states. Although there are some densely populated areas on reservations, many Native Americans live in geographically isolated areas.
There is significant variation among tribal nations and Alaska Native groups in terms of social, economic and cultural characteristics. According to 2000 Census data, many are currently experiencing social and economic problems. Native Americans remain the poorest of all minority groups, with unemployment rates hovering around 50 percent. They have the highest drop-out rate of all racial groups: twice the national average. Native American and Alaska Native communities are sometimes characterized by high rates of alcoholism and substance abuse, substandard education, high suicide rates and high crime rates.
Legal Context
Federally recognized tribes and Alaska Native groups are sovereign nations; thus, they have the inherent right to form their own governments to enforce laws. Some tribal nations rely on state and federal governments for law enforcement, but many tribes have their own government and justice systems.
Some tribal nations model their justice system after a Western approach. Others favor a more traditional system grounded in local culture and tradition. Some favor a mixed model incorporating both the traditional and Western styles. As a result of this variation, the legal and justice structures in these nations are complex and location specific.
Tribal nations have a unique legal and political relationship with the United States. The U.S. recognizes the tribes’ right to self-govern and supports their tribal sovereignty. However, Supreme Court rulings and legislation have hampered tribes’ right to self-governance. Most tribal nations are dependent on state and federal governments for various resources (financial, manpower, technology, facilities) and for prosecuting felony crimes.
From the National Tribal Justice Resource Center, learn more about Supreme Court decisions affecting tribal justice and legislation affecting tribal justice Exit Notice.
Read more about the challenges for research that multiple and overlapping justice systems cause.
