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Tuesday, September 2, 2003

Native Americans are 1 percent of the adult population in Minnesota but make up 4.5 percent of the criminal cases in the state, according to a new report.

The Minnesota Judicial Branch on Friday released the first findings of a long-term study of racial disparities in the court system. For the year 2002, the data showed that that American Indians and Alaska Native were disproportionately represented in major criminal cases.

Although White, African-American and Hispanic offenders were charged at higher rates, Native Americans made up 4.5 percent of the entire criminal docket. Of the 58,750 cases filed last year, 2,652 involved Native Americans, according to the study.

By gender, Native women were over-represented, the study found. Native women made up 6.2 percent of all criminal cases in the state compared to 4.1 percent for Native men.

The study only looked at the filing part of the justice system. Future data will examine the conviction and sentencing stages in Minnesota's courts. Juvenile offenders will also be examined.

But the preliminary findings reflect those seen elsewhere. In South Dakota, a study found that more Native Americans were treated differently by the judicial system -- from arrests to trial to incarceration. Natives in Nebraska are 3.4 times more likely to be arrested than Whites and are incarcerated at higher rates than Whites, a study there found. National data shows that Native men and women are sent to state jails at higher rates than other racial and ethnic minorities.

"We are committed to assuring that the court treats everyone fairly regardless of race, ethnicity or gender," said J. Thomas Mott, a district court judge and chair of Minnesota's Conference of Chief Judges.

The crimes reported in the study fell in four major categories: serious felony, other felony, alcohol-related gross misdemeanor and other gross misdemeanor. Unlike other racial and ethnic groups, Native offenders were not overly-represented in any one category. Whites, on the other hand, were charged with most of the alcohol misdemeanors, the study showed.

Of the felony cases, statistics were reported in four offense types: person, property, drugs and other. Although federal authorities have cited a large drug problem in Indian Country, drug offenses were actually the lowest for Native Americans, according to the study. "American Indians are least likely to be involved in felony drug cases compared to all other offense types," the report stated. Most filings against Native offenders were for property crimes.

Broken down by judicial district, Native Americans represented 17 percent of the cases in the 9th District. The 9th District is the largest district in the state and includes the Red Lake, Leech Lake and White Earth reservations. Native Americans were 11 percent of filings in the 6th district, which includes the Fond du Lac Reservation.

In Minnesota, the state shares criminal jurisdiction with tribal and federal governments. But under a double-jeopardy ruling that the Bush administration wants the Supreme Court to reverse, federal and tribal authorities cannot charge an Indian for the same crime.

Get the Study:
Adult Major Criminal Case Filings By Race and Ethnicity (August 29, 2003)

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Neb. report focuses on disparities in justice (02/03)
Race study confirms disparity (10/28)
Indian Country jails see record growth (09/05)
Indian Country jails see increased numbers (8/13)
Behind Bars: Native incarceration rates increase (7/13)
New study focuses on jails (7/10)

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