Research Reports
Reflections on Traditional American Indian Ways, 1998
Threats to Tribal Sovereignty, 1998
Traditional American Indian Leadership: A Comparison with U.S. Governance, 1997
Courts Systems and Sentencing
County court systems frequently explain racial disparities by stating that courts have little to do with causing the disparities. They do not generate disparities; they simply deal with cases that law enforcement sends them. American Indians are at a disadvantage upon entering the court system. First, bail or bond is a constitutional right. Yet, few American Indian offenders can make bail because of poverty. Moreover, they have little or no property to put up as collateral for surety bond because they regularly live in sub-standard rental housing. Second, offenders are assumed to have a right to an “adequate legal defense,” but such is out of reach for most American Indians.
“Can Indians afford attorneys, do you think? “No, they’re all court appointed. If you can afford your own attorney, you won’t go to prison, maybe they’ll put you in a work program or something for you, and they just run you through the system.”
The fact that American Indians live in poverty and cannot afford an adequate legal defense contributes to the dire straits they find themselves in when facing a felony charge. Statistics may reflect that many American Indians “plead out” and receive some prison time.
“[Y]ou know a lot of times when you’re represented, you get an attorney, and they want you to plead guilty right away.
“… over charging means increasing the actual charge with the expectation that the defendant will “plead out” as guilty to a lesser charge. This is, in effect, more convenient to the justice system because the arresting officer doesn’t have to appear in court if there is a not guilty plea; the county attorney neither prepares a case nor appears in court if the defendant enters a not guilty plea.”
“I’ve also noticed a tendency of Native Americans to plead guilty to charges instead of go to trial. I’ve had a lot of cases would make really good trials, and a lot of Native members would just plead guilty because of court costs or they can’t afford a private attorney because they don’t feel the public offenders are really defending them. A lot of problems are having to miss work for court. Trials can take anywhere from one to two or even more. That causes a lot of financial problems. There are many people who have pleaded guilty when they were innocent of crimes. A lot of it has to do with financial reasons or they don’t have child care.”
American Indian defendants frequently must rely on the services of the county’s public defender. The public defender makes sure that constitutional rights are protected, but cannot provide the kind of legal defense that many affluent defendants receive. Public Defenders simply don’t have the time or budget to perform research into Indian life situations or to search for evidence, witnesses, or testimony that could benefit an Indian defendant’s case.
“American Indians are more likely to plead out when charged with crimes. When serving as a public defender, it was evident that Indians were complacent and it was more common for them to plead guilty than any other ethnic group – they wouldn’t ever think of challenging the government’s case. But just because you’re picked up on the streets doesn’t mean that you’re guilty – [that] shows problems in the criminal justice system.”
Once found guilty American Indian clients face daunting challenges. Pre-sentence investigations (PSIs) are conducted without cultural competence, yet this is a process where culture ought to play a major role. Professionals conducting these PSIs frequently lack knowledge or experience with the philosophy and/or worldview of American Indians. Nothing in their education or professional experience can give them this. Yet, the examination of a person’s neighborhood, academics, and work record, which represent how a person lives, are all influenced by culture. This dissonance between social orientations of professionals and American Indians is one of the greatest gaps identified by this study’s participants.
The
Well-Being of American Indian Children in Minnesota: Economic Conditions,
1994
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Tuesday November 1, 2005