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.

Hopi Tribe Ready for Enhanced Sentencing, VAWA

The Hopi Tribe recently revised its criminal code in order to start implementing enhanced sentencing under the Tribal Law and Order Act, becoming the first tribe of its size to give its tribal courts more authority under this law.  Thanks to this effort, as well as better training on preserving evidence and criminal reporting, the Hopi will also be among the first tribes in the nation ready to prosecute non-Native domestic violence offenders under the (newly signed!!) Violence Against Women Act. According to a story released today from Fronteras: The Changing America Desk, Hopi Tribal Chairman LeRoy Shingoitewa said,

"This makes me proud because the Hopi Tribe has already taken a step to meet those requirements. All of this helps Hopi and other tribes strengthen control over the crimes that happen on their land. Tribal sovereignty is truly a valuable asset but it also gives us that opportunity to exercise that sovereignty by developing the laws and actually implementing them."

Fred Urbina, the chief prosecutor for the Pascua Yaqui Tribe is anxious to follow in the path of the Hopi and get the tribe in a position to implement VAWA. In an AP story today, he described the tribe's efforts to address the jurisdictional gap as a "patchwork" that is "not satisfactory in all cases."

But as both Shingoitewa and Urbina pointed out, implementing the laws is key. A Harper's article from 2011 explored the different obstacles to reporting, documenting, investigating and prosecuting rape cases, none of which would be affected by the new VAWA law or by enhanced sentencing. Only systemic change, including increased funding, training and data collection could change the conditions that lead to what a U.S. prosecutor told Hopi nurses and officers was a "culture of silence," when it came to sexual and domestic violence.

If the laws are implemented, detention is another key part of what tribes need to address. BIA prisons are insufficient for current populations; it's unlikely that enhanced sentencing and prosecuting more domestic violence cases will help that. With everything else in place, even the Hopi are still seeking funding for new detention facilities.

Sequester's Impact on Tribal Law and Order

Across the board cuts to federal programs seem all but assured of going into effect next week. While  the effects won't be apparent right away, everyone will be feeling the pain before long, if the folks in Washington don't do something to reverse this legislation.

Already understaffed tribal courts stand to take a hit, as do programs to support intelligence sharing and provide alternatives to detention. Grant funds to support tribal Community Oriented Policing (like our own Tribal Prescription Drug and Drug Endangered Children program) will be cut a whopping 25%. The Bureau of Prisons will be cut, dashing hopes for improving and staffing tribal detention facilities. Health programs will get cut more than 8%—contrary to a law that states it can't be cut more than 2%—and those cuts are bound to include critical programs to combat substance abuse and support victims of domestic violence or drug endangerment. The BIE will also see crippling cuts to K-12 schools, colleges and vocational schools.

Now is the time to contact your Congressional representatives and let them know that Indian Country needs a federal budget that includes full funding for TLOA, Indian health programs and education programs.  The gains we've been making under TLOA are too important to end up on the chopping block now.

House Bill Keeps Tribal Protections

Republicans in the U.S. House have introduced the Violence Against Indian Women Act of 2013 in response to concerns about the VAWA reauthorization recently passed in the Senate. While this bill protects the rights of tribes to prosecute non-Indians accused of domestic violence on tribal lands, offenders would have the right to request federal prosecution if they felt their Constitutional rights were being violated.

Senator John Barrasso from Wyoming, vice-chair the Senate Committee on Indian Affairs, voted against a previous version of VAWA but supports this one. Barrasso’s spokeswoman, Emily Lawrimore, told Indian Country Today Media Network, “He voted against the recent VAWA bill because it contains provisions that would likely be ruled unconstitutional by the courts. A Supreme Court ruling against this provision could be damaging to tribal authority and have irreversible consequences.”

So will this fix work to ensure the law holds up in court, or will it maintain the status quo, where domestic violence cases rarely get attention from federal prosecutors? Please join us at our LinkedIn Group, SafeRez, to share your thoughts!

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!

Protecting All Women Under VAWA

Since 1994, the Violence Against Women Act has been protecting women who have been victims of domestic abuse or sexual violence.  The law is up for reauthorization now and the House Judiciary committee has stripped out the language that would strengthen the capacity of tribal law enforcement to prosecute crimes against women under their jurisdiction.

Native American women suffer abuse at far greater rates than other American women. Sadly, there are a significant number of Native women who are currently unprotected by the law. Battering, abuse and rape cases involving a Native woman and a non-Native man have generally gone unprosecuted because of the lack of tribal jurisdiction over the non-Native man, even if he lives on the reservation.

The reauthorization bill submitted by the Senate allows tribes to prosecute non-tribal members who hurt Native women, but the response from the House has been to strip out these protections. The White House has joined a chorus of calls for House leadership to pass new legislation that doesn't make law enforcement pick and choose which cases they can prosecute. Supporters hope that an amendment restoring protection for Native women can be introduced on the floor.

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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.

Register for our Tribal Jurisdiction Webinar

Here's the announcement, with a link to the registration page, for the upcoming Tribal Jurisdiction webinar.