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The rate of Native Americans in federal prison has increased by 27 percent in the last five years, according to reporting from the Wall Street Journal. Because of the special relationship tribes have with the federal government, many crimes committed on Indian Reservations are subject to federal sentencing guidelines. This can create a dramatic difference in the sentences for the same crimes that are handed down to Native Americans. The United States Sentencing Commission created a Tribal Issues Advisory Group to look at the issue of federal sentencing in Indian Country. In this first installment of our 4-part series on prison issues in Native America, we discuss the disparities Native Americans face in federal sentencing. How does this issue impact you or your community? What is needed to create a more equitable sentencing system for Native Americans?
Guests:
Heather Dawn Thompson (Cheyenne River Sioux) – Attorney at Greenburg Traurig
Barbara Creel (Pueblo of Jemez) – professor of law at the University of New Mexico
Break Music: Dohinoo (song) Morley Loon (artist) Native America Calling – Music From Indian Country (album)
My students in Race & Culture Studies in the Cheney/Spokane area have the following initial ideas:
1) The community needs to be more educated on this subject.
2) As a Native American, I didn’t know federal crimes were charged differently, so education is important for Native people so they are able to accurately assess the risk/consequence for specific behaviors.
3) This impacts us, because being aware is a first step toward caring and making a change.
4) We should talk to the police and educate them about the inequities, both tribal and county officers.
5) Look at root causes for the increase in 27% in the last 5 years and work to diminish this figure in the next 5 years.
6) Modify the judicial system so state offenses or local offenses apply equally to Native and non-native people.
7) Allow greater sovereignty for tribal government.
8) Draft an added piece of legislation to equalize local and state offenses for Native and non-native people.
9) A better understanding of the history and context of why these crimes go to the federal level is needed in order to understand the best solutions.
10) Leverage the U.S. Constitution under the 14th amendment and the right to citizenship and a fair trial, to advocate for a fair trial for Native people.
11) Advocate for fair sentencing.
12) This affects non-native people, because they have the power to vote and will now be more aware of the issues, knowing this.