More Prosecutions, More Transparency, Better Relationships

A report for the Attorney General on Indian Country highlights the improvements that TLOA has wrought. Federal prosecutions for crimes committed on reservations is up 54% since 2009. Tribes and feds are also working together to decide whether cases should be tried in tribal courts or in federal courts, resulting in building trust and respect on both sides.

 Declinations are still high in some areas, but in others, they're down to about 20%. In the past two years, declined cases were overwhelmingly due to a lack of evidence. Tribes and prosecutors alike insist that the declination rate doesn't matter so much as long as everyone is working together. Grant Walker, the tribal prosecutor for the Standing Rock Sioux, said, “Declinations aren’t really a big deal anymore to us because we know what the case is, and if the federal government declines we’ve already had a chance to prosecute that case too. So it’s not like the ball is hidden, and the prosecution’s office doesn’t know about it.”

Have you been seeing a difference in your community? Join us at SafeRez to talk about justice, health and improving our tribal communities.

What Can We Do About Domestic Violence NOW?

Whether or not the final reauthorization of the Violence Against Women Act allows tribes to prosecute non-Indians who harm Native women, the question still remains of what we are doing, can do and will do to prevent these crimes and bring the perpetrators to justice.

No matter how you look at the statistics, a lot of rape, battering, stalking, child abuse and elder abuse cases already fall under the jurisdiction of tribal authorities, but aren't adequately prevented or prosecuted. The problems are legion. Tribal systems are overburdened, underfunded and often understaffed; the tribal jail system is "unbelievably broken" (according to a comment about a 2008 BIA study); victims and family members are often unwilling to involve police or press charges; drug or alcohol use may impact the reliability of testimony; and when criminals move to other reservations, their arrest records rarely follow them.  Like eating a whale, these obstacles seem overwhelming, but can be reduced one bite at a time.

Congress can:
Fully fund the Tribal Law and Order Act, federal prosecutor's offices and existing public health programs, as well as create new funds for tribes to increase staffing, facilities, training, services and education.

Tribal governments can:
Make addressing domestic violence a priority by encouraging collaboration among tribal departments, seek and allocate funding for service providers and programs, actively participate in education and outreach, and ban non-Native offenders from tribal lands.

Tribal law enforcement can:
Stock adequate rape kits, seek funding to beef up staffing and training, collaborate with federal law enforcement and other tribal police to share best practices and resources, and work with health care providers and tribal or state service providers to deliver victim services, and share data with other tribes.

Tribal courts can:
Implement alternative sentences such as restitution for offenders, document cases so repeat offenders are identified and prosecuted accordingly, share data with other tribes and exercise the enhanced sentencing under TLOA.

Healthcare workers can:
Learn how to identify and screen victims of domestic violence, carefully document and report cases, develop a referral network of service providers, and provide resource materials for patients.

Families and friends can:
Learn about available resources, contact your tribal and federal government representatives to insist on change, organize safety and prevention programs, and support victims in leaving dangerous situations, prosecuting their attacker and in the healing process.

Victims can:
Share experiences with other victims in the community, help each other to find the strength to stop the abuse and to heal, and to raise a voice in protest against a culture that allows these crimes.

More Resources:
National Domestic Violence Hotline
Mending the Sacred Hoop
Tribal grant programs to prevent violence against women
Love is Respect: teen dating violence site
Men's Resource Center for Change
Guide to raising awareness in Indian Country


Do you have more ideas? We want to hear them!! Lamar Associates has started a new group, called SafeRez on LinkedIn and we welcome everyone who wants to change our communities for the better. Come and join the conversation!

Partnerships for Public Safety

Graph courtesy the state of Colorado.

"It takes a community to make a community safe." The Bishop Paiute Tribe is not the only tribe to adopt this philosophy of community policing, because it doesn't just sound good-- it works. Community oriented policing is an efficient and effective approach to reducing crime, drug use, domestic violence and other societal problems. The key is using effective communication among community members to identify and to respond to the community's needs.

How does that work for Emergency Management Planning? To begin with, tribes need to expand their concept of community to include local and county governments and agencies as well as state and federal partners.

The National Congress of American Indians (NCAI) recommends federal legislation to improve collaboration between tribes and states and to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act so tribes can make direct requests to the President in case of disasters or emergencies. The amendment (like much critical legislation for Indian Country) did not make it through the last Congress, but could be passed by this one. Whether Congress takes additional steps to include tribes in a national public safety communications network or facilitate strong partnerships between tribes or states remains to be seen.

Meanwhile, it's up to each tribe to negotiate arrangements with their broader community, which often take the form of Memoranda of Understanding (MOUs). As the chart above shows, it takes a high degree of leadership, planning and collaboration to achieve sustainable and responsive emergency management systems.  At our upcoming Emergency Management and Public Safety for Tribal Officials training, the expert native trainers at Indian Country Training will offer participants critical hands-on training for crafting an MOU that will involve a broader community in keeping your tribal community safe. We look forward to seeing you in Albuquerque on February 26-27!

Officer Safety in Indian Country

On May 3, I joined Ted Quasula, Retired Director, and Darren Cruzan, current Director of the Bureau of Indian Affairs  law enforcement to honor the many heros who have given their lives to protect Indian County. The memorial at the FLETC center in Roswell now has nearly 100 names.

Being a cop in Indian Country is hard and dangerous work and can affect a person's mental health and in turn their physical health. Join us online and onsite for a series of Officer Safety training events.

Start with a free webinar on Officer Safety and Wellness to learn the basics. Then sign up for our three-day Officer Survival and Wellness Training training at Santa Ana Pueblo. This three day course involves one day of classroom instruction and two full days on the live fire range and training simulator. Participants will return back to their departments with practical experience utilizing skills learned in various situational contexts.

Strength Based Tribal Collaboration for Drug Endangered Children

In case you didn't catch the webinar, you can still watch the recorded session. Steve and Nadja did a great job as always, looking at how Native people can build on their strengths to protect children and how service providers can improve the cultural appropriateness  of their assessments.