The new Tribal Law and Order Act was signed into law by President Obama on July 29, 2010. This new law enacts numerous changes to the rules, process and funding for the administration of justice in Tribal communities.
This Act provides technical assistance and training for law enforcement officials and corrections agencies, and collecting, analyzing and reporting data on crimes in Indian country on an annual basis. It includes communication with tribal leaders, communities and victims’ advocates, trial justice officials and residents on Indian land regarding public safety and justice concerns.
Among many other stipulations this act strengthens tribal courts and increases the maximum authorized criminal sentence to three years in tribal court for criminal offenses.
My major concern is that it directs the Secretary of the Interior to submit to Congress a long-term plan to address incarceration in Indian Country. Are the tribal councils aware of this Act and what are their planned actions for participating and providing input into the long-term plan?
The Act ensures meaningful and timely consultation with tribal leaders in the development of regulatory policies. Input to the long-term plan by tribal councils may lead to fair and nondiscriminatory actions in the tribal criminal judicial system. We need our tribes involved in creating a radical restructuring of our tribal law and order codes that would be part of this long-term plan.
This is an opportunity to provide justice for our people, to create new and innovative sentencing such as work release, community service, reparation for payment of damages, or making amends to victims or injury to families or even banishment for habitual criminals as was part of our culture before the present criminal justice system was forced on us. I believe that the tribal criminal justice system can start addressing the alarming criminal statistics in our tribal communities.
Our people can now expect fair trials instead of being subjected to mainstreams court systems that are infected by racial bias, racial profiling and racial inequality. Up to this point, the reality of unfair sentencing in state and federal courts and selective law enforcement has had a silencing effect and has made many feel powerless.
We have a disproportionate number of Native inmates warehoused in Federal and state prisons because of the disparity in sentencing, lack of adequate defense by court appointed lawyers who would rather work with the prosecutors than to put in the extra work of defending their clients.
We see larger percentages of Natives in prison because of the racism in the system. In South Dakota Native Americans make up to 35 percent of all inmates and Native juvenile placements are at 27 percent.
Racism in the justice system forces people take a plea bargain rather than take a risk of the maximum sentences that they may receive. Immeasurable damage has been to families, children have been taken from their parents and relatives, people branded as felons cannot vote or find jobs to support their families after their release because of this biased judicial system.
Don’t get me wrong, I believe that crimes committed by our people need to be dealt with accordingly. I am not advocating for criminal behavior, I am advocating for justice for our people.
This Act gives us the tribes an opportunity to address the most pressing racial-justice issues that we have had with mainstreams justice system and is worthy of our time and effort. This Act is also a reality check to tribal leaders and community members as to what is actually happening on our reservations. It places a strong emphasis on decreasing violence against women.
One out of three Native American women will experience forceful rape in their life. We have come from a culture of drastic change. The Lakota held the Akicita society – our tribal police force - in high esteem when all boys and young men aspired to become part of the Akicita to a community who has no regard or respect for those who are charged with ensuring that our people are safe.
The Tribal Advisory committee will consist of two representatives of Indian tribes from each region of the Bureau of Indian Affairs and will provide to the Commission advice and recommendations, submit materials, documents, testimony and other pertinent information.
This Act is an important step towards providing justice, combating violence and making our communities safe. The Tribal Law and Order Act 2010 is strong, establishes respectful tribal input, and effectively closes fault lines in a law and justice system that we have endured for far too many years.
Lydia Whirlwind Soldier retired after 30 years as an educator. She began her career as a teacher’s aide and moved through the ranks as an elementary school teacher, Indian Studies Teacher and Indian Studies coordinator. She is now retired and working as a consultant.
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