Criminal Justice in Indian Country: A Theoretical and Empirical Agenda

2019 ◽  
Vol 2 (1) ◽  
pp. 337-357
Author(s):  
Jeffery T. Ulmer ◽  
Mindy S. Bradley

Examinations of the Native American experience in the US criminal justice system are still relatively sparse, despite earlier calls for increased attention to Native American crime and justice issues. This is unfortunate, as Native Americans are unique among all groups in US society and face distinctive criminal justice jurisdictional complexities. We argue that this uniqueness renders extant racial/ethnic theoretical framings incomplete for understanding the Native American experience with criminal justice in the United States. First, we describe the complexities of criminal jurisdiction in Indian Country, discuss how internal colonialism shapes the Native American experience, and outline a set of directions for research to illuminate such jurisdictional complexities. Second, we discuss general theoretical frameworks and their strengths and limitations in explaining the Native American experience. We argue for a focus on the interlocking institutional power that shapes tribal, state, and federal justice coupling. We present an agenda for research on the consequences of contemporary criminal justice arrangements for individual Native Americans and for Native American communities collectively.

2006 ◽  
Vol 28 (1) ◽  
pp. 28-31
Author(s):  
Traci Hobson

In the United States, much of the litigation arising involving Indian tribes and territories revolves around one issue: jurisdiction. Because of the complex inter-weaving of tribal, federal, and state (including county governments and municipalities) jurisdiction in United States Indian country, it can be difficult to determine which entity or entities have the authority to adjudicate a particular case or controversy. Indeed, even the term Indian Country, as used here, has been subject to much dispute. In the criminal arena, the intersection of tribal, state and federal jurisdiction is particularly problematic. For our nation's co-existing criminal justice systems to operate as efficiently as possible, it is imperative that all individuals working in or with criminal justice systems in Indian country have an understanding of the jurisdictional rules that apply to criminal offenses occurring in United States Indian country. The purpose of this article is to provide a framework for determining which governmental authority has jurisdiction over a specific crime committed in Indian country as a guide for anthropologists and practitioners working with Native Americans.


2015 ◽  
Vol 5 (2) ◽  
pp. 173-182 ◽  
Author(s):  
Karen R. Marsh ◽  
Michael D. Smith

There is a sacred relationship between Native Americans and the environment. The importance of those sacred beliefs in water rights in the United States (US) is examined through a series of case studies. A thorough review of available literature displays a trend toward less dependence on the US for representation and a greater recognition of Native American traditions. The increased role of Native Americans in water rights quantification and resource development provides greater appreciation and understanding of their traditions and beliefs.


2020 ◽  
Author(s):  
Shashwat Deepali Nagar ◽  
Andrew B. Conley ◽  
I. King Jordan

AbstractPharmacogenomic (PGx) variants mediate how individuals respond to medication, and response differences among racial/ethnic groups have been attributed to patterns of PGx diversity. We hypothesized that genetic ancestry (GA) would provide higher resolution for stratifying PGx risk, since it serves as a more reliable surrogate for genetic diversity than self-identified race/ethnicity (SIRE), which includes a substantial social component. We analyzed a cohort of 8,628 individuals from the United States (US), for whom we had both SIRE information and whole genome genotypes, with a focus on the three largest SIRE groups in the US: White, Black, and Hispanic. Whole genome genotypes were used to characterize individuals’ continental ancestry fractions – European, African, and Native American – and individuals were grouped according to their GA profiles. SIRE and GA groups were found to be highly concordant. Continental ancestry predicts individuals’ SIRE with >96% accuracy, and accordingly GA provides only a marginal increase in resolution for PGx risk stratification. PGx variants are highly diverged compared to the genomic background; 82 variants show significant frequency differences among SIRE groups, and genome-wide patterns of PGx variation are almost entirely concordant with SIRE. Nevertheless, 97% of PGx variation is found within rather than between groups. Examples of highly differentiated PGx variants illustrate how SIRE partitions PGx variation based on group-specific ancestry patterns and contains valuable information for risk stratification. Finally, we show that individuals who identify as Black or Hispanic benefit more when SIRE is considered for treatment decisions than individuals from the majority White population.


Author(s):  
Malinda Maynor Lowery

Jamestown, the Lost Colony of Roanoke, and Plymouth Rock are central to America's mythic origin stories. Then, we are told, the main characters--the "friendly" Native Americans who met the settlers--disappeared. But the history of the Lumbee Tribe of North Carolina demands that we tell a different story. As the largest tribe east of the Mississippi and one of the largest in the country, the Lumbees have survived in their original homelands, maintaining a distinct identity as Indians in a biracial South. In this passionately written, sweeping work of history, Malinda Maynor Lowery narrates the Lumbees' extraordinary story as never before. The Lumbees' journey as a people sheds new light on America's defining moments, from the first encounters with Europeans to the present day. How and why did the Lumbees both fight to establish the United States and resist the encroachments of its government? How have they not just survived, but thrived, through Civil War, Jim Crow, the civil rights movement, and the war on drugs, to ultimately establish their own constitutional government in the twenty-first century? Their fight for full federal acknowledgment continues to this day, while the Lumbee people's struggle for justice and self-determination continues to transform our view of the American experience. Readers of this book will never see Native American history the same way.


Incarceration ◽  
2020 ◽  
Vol 2 (1) ◽  
pp. 263266632097780
Author(s):  
Alexandra Cox ◽  
Dwayne Betts

There are close to seven million people under correctional supervision in the United States, both in prison and in the community. The US criminal justice system is widely regarded as an inherently unmerciful institution by scholars and policymakers but also by people who have spent time in prison and their family members; it is deeply punitive, racist, expansive and damaging in its reach. In this article, we probe the meanings of mercy for the institution of parole.


2021 ◽  
pp. 1-18
Author(s):  
Raymond Foxworth ◽  
Laura E. Evans ◽  
Gabriel R. Sanchez ◽  
Cheryl Ellenwood ◽  
Carmela M. Roybal

We draw on new and original data to examine both partisan and systemic inequities that have fueled the spread of COVID-19 in Native America. We show how continued political marginalization of Native Americans has compounded longstanding inequalities and endangered the lives of Native peoples. Native nations have experienced disproportionate effects from prior health epidemics and pandemics, and in 2020, Native communities have seen greater rates of infection, hospitalization, and death from COVID-19. We find that Native nations have more COVID-19 cases if they are located in states with a higher ratio of Trump supporters and reside in states with Republican governors. Where there is longstanding marginalization, measured by lack of clean water on tribal lands and health information in Native languages, we find more COVID-19 cases. Federal law enables non-members to flout tribal health regulations while on tribal lands, and correspondingly, we find that COVID-19 cases rise when non-members travel onto tribal lands. Our findings engage the literatures on Native American politics, health policy within U.S. federalism, and structural health inequalities, and should be of interest to both scholars and practitioners interested in understanding COVID-19 outcomes across Tribes in the United States.


2021 ◽  
Vol 55 (2) ◽  
pp. 395-418
Author(s):  
Akwasi Owusu-Bempah

Canada has received praise and international attention for its departure from strict cannabis prohibition and the introduction of a legal regulatory framework for adult use. In addition to the perceived public health and public safety benefits associated with legalization, reducing the burden placed on the individuals criminalized for cannabis use served as an impetus for change. In comparison to many jurisdictions in the United States, however, Canadian legalization efforts have done less to address the harms that drug law enforcement has inflicted on individuals and communities. This article documents the racialized nature of drug prohibition in Canada and the US and compares the stated aims of legalization in in both jurisdictions. The article outlines the various reparative measures being proposed and implemented in America and contrasts those with the situation in Canada, arguing, furthermore that the absence of social justice measures in Canadian legalization is an extension of the systemic racism perpetuated under prohibition.


2018 ◽  
Vol 13 (3) ◽  
pp. 469-490
Author(s):  
Jacob Tropp

AbstractIn the late 1940s and early 1950s, as the US launched the Point Four initiative of overseas technical assistance programmes, a number of American officials, academics, and analysts saw valuable global lessons in the US Bureau of Indian Affairs’ development interventions among Native Americans. These interests culminated in a suite of professional training experiments, involving trainees from around the world, which emphasized cross-cultural development methods and used certain south-western Native American communities as field ‘laboratories’. A foundational seminar programme, coordinated by Cornell University social scientists, inspired additional training initiatives, tied to Point Four projects abroad, which brought foreign government officers from South Asia and the Middle East for similar training in New Mexico and Arizona. These training experiments not only placed Native American situations at the centre of significant transnational conversations about development, but also reinforced and widely circulated particular ideas regarding ‘underdevelopment’, ‘experts” prerogatives, and the politics of development relations.


2019 ◽  
Vol 8 (2) ◽  
pp. 89-100 ◽  
Author(s):  
Gopal K Singh ◽  
Isaac E. Kim, Jr. ◽  
Mehrete Girmay ◽  
Chrisp Perry ◽  
Gem P. Daus ◽  
...  

Objectives: Dramatic increases in opioid and drug overdose mortality have occurred in the United States (US) over the past two decades. To address this national public health crisis and identify gaps in the literature, we analyzed recent empirical trends in US drug overdose mortality by key social determinants and conducted a selective review of the recent literature on the magnitude of the opioid crisis facing different racial/ethnic, socioeconomic, and rural-urban segments of the US population. Methods: We used the 1999-2017 mortality data from the US National Vital Statistics System to analyze trends in drug overdose mortality by race/ethnicity, age, and geographic area. Log-linear regression was used to model mortality trends. Using various key words and their combinations, we searched PubMed and Google Scholar for select peerreviewed journal articles and government reports published on the opioid epidemic between 2010 and 2018. Results: Our original analysis and review indicate marked increases in drug overdose mortality overall and by race/ethnicity and geographic regions, with adolescents and young adults experiencing steep increases in mortality between 1999 and 2017. Our selective search yielded 405 articles, of which 39 publications were selected for detailed review. Suicide mortality from drug overdose among teens aged 12-19 increased consistently between 2009 and 2017, particularly among teen girls. The rise of efficient global supply chains has increased opioid prescription use and undoubtedly contributed to the opioid epidemic. Many other important contributing factors to the epidemic include lack of education and economic opportunities, poor working conditions, and low social capital in disadvantaged communities. Conclusions and Global Health Implications: Our analysis and review indicate substantial disparities in drug overdoses and related mortality, pain management, and treatment outcomes according to social determinants. Increases in drug overdoses and resultant mortality are not only unique to the US, but have also been observed in other industrialized countries. Healthcare systems, community leaders, and policymakers addressing the opioidepidemic should focus on upstream structural factors including education, economic opportunity, social cohesion, racial/ethnic disadvantage, geographic isolation, and life satisfaction. Key words: • Opioids • Drug overdose • Mortality • Pain management • Treatment • Race/Ethnicity • Social determinants • Health disparities Copyright © 2019 Singh et al. This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.


Circulation ◽  
2015 ◽  
Vol 132 (suppl_3) ◽  
Author(s):  
Nilay Kumar ◽  
Rohan Khera ◽  
Neetika Garg

Background and objectives: Heart failure (HF) incidence is higher among Blacks compared to Whites. There is a paucity of recent data on racial differences in in-hospital mortality and resource utilization in a nationally representative, multiracial cohort of HF hospitalizations. Hypothesis: There are significant racial-ethnic differences in HF hospitalization outcomes. Methods: We used the 2011-2012 Nationwide/National Inpatient Sample to identify hospitalizations with a primary diagnosis of HF using relevant ICD-9 codes. Outcomes of interest were in-hospital mortality, length of stay (LOS) and mean inflation adjusted charges. The effect of race on outcomes was ascertained using logistic or linear regression. Results: 375,740 primary HF hospitalizations representing 1.8 million hospitalizations nationwide were included. Mean age was 72.6 (SD 14.6) years and 50.1% were females. After adjusting for age, sex, hypertension, diabetes, APR-DRG mortality risk and socioeconomic status, in-hospital mortality was significantly lower for Blacks (OR 0.69, 95% CI 0.64 - 0.74; p<0.001), Hispanics (OR 0.82, 95% CI 0.75 - 0.91; p<0.001) and Asians or Pacific Islanders (OR 0.85, 95% CI 0.73 - 0.99; p=0.04) compared to Whites. Average inflation adjusted charges were significantly higher for all minorities compared to Whites except for Native Americans for whom charges were significantly lower than Whites (p<0.05 for Black, Hispanic, Asian, NA or Others vs. Whites). LOS was modestly higher for Blacks or Other races vs. Whites (p=0.01 B vs. W and Others vs. W) and lower for Native Americans vs. Whites (p<0.001). Conclusions: Blacks, Hispanics and Asians hospitalized for HF are significantly less likely to die in the hospital compared to Whites. Hospital charges for racial-ethnic minorities are significantly higher compared to Whites. The reasons for racial differences in HF hospitalization outcomes require further investigation.


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