Native American Police and Judges
Native American Police and Judges refer to the law enforcement and judicial systems established within Indigenous communities in the United States, particularly since the late 19th century. In 1878, the U.S. government established the United States Indian Police, enabling Indigenous individuals to serve as law enforcement officers on reservations, responding to concerns about potential unrest among desperate Native populations. These police forces, consisting of Indigenous personnel, were generally well-regarded by their communities compared to White military forces.
In tandem with the police, the Courts of Indian Offenses were created to provide judicial authority, although initially, police were also tasked with serving as judges, leading to conflicts of interest. Thus, Congress later authorized separate Native American judges, though their jurisdiction was limited, excluding serious crimes like murder or rape. Despite these restrictions, the establishment of Indigenous law enforcement and courts represented a significant move toward self-governance for Native tribes.
Today, various Courts of Indian Offenses and numerous law enforcement agencies operate across the U.S., although they often face challenges related to funding and resources. Recent legal decisions, such as the Supreme Court's Oklahoma v. Castro-Huerta, may further influence the dynamics of criminal jurisdiction on Tribal lands, particularly regarding the prosecution of non-Native Americans.
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Native American Police and Judges
- TRIBES AFFECTED: Pantribal
SIGNIFICANCE: In 1878, a Native police force and judicial system were created to administer justice on reservations.
In 1817, the United States Supreme Court ruled that federal courts had jurisdiction over all cases, criminal and civil, in “Indian country.” The army served as the police force for Native Americans, and trials were held in federal courts. That policy remained in effect until 1878, when Secretary of the Interior Carl Schurz recommended to Congress the creation of the United States Indian Police. Schurz received warnings from army officers in the West that starving American Indians on reservations were becoming desperate and that a rebellion could break out at any time. Since the army did not have enough troops available to react quickly to such a rebellion, it was suggested that Indigenous people themselves be trained to handle such problems. Congress approved the creation of a Native police force under the control of the Office of Indian Affairs agents. Within three years, 162 officers and 653 privates, all Indigenous Americans, were working at forty agencies in the West.
Congress gave the Indian Tribal police the authority to guard reservations against trespassers, find and return “truants” from the reservation, arrest people for drunkenness, and provide other police services. The officers and their men generally received high praise from American Indians and White agents for their conduct. American Indians respected their own police much more than they did White military personnel.
In 1883, the Department of the Interior authorized the creation of Courts of Indian Offenses. The police were to serve as judges in these courts. Policemen serving as both judges and arresting officers created conflicts in many trials, so Congress approved hiring new Native American judges despite the cost. Some White individuals in Congress and White areas surrounding reservations, however, feared giving Native Americans complete control of their criminal justice system. In 1885, the secretary of the interior acted to limit the types of crimes heard in the Courts of Indian Offences. Indigenous American judges could no longer hear cases concerning murder, manslaughter, rape, assault, arson, burglary, or larceny. These crimes were returned to the jurisdiction of United States marshals and federal district courts. Indian judges could try cases involving only petty criminal offenses. Despite these limits, the Indian Tribal police and courts proved a successful reform in the treatment of Native Americans by allowing for more self-government on reservations. In 2022, the Supreme Court’s Oklahoma v. Castro-Huerta decision potentially opened the door for states to be able to play a role in prosecuting crimes committed on Tribal lands by non-Native Americans.
In the twenty-first century, five Courts of Indian Offences (CFR Courts) operated across the United States, serving many Indigenous Nations—the Albuquerque, Southern Plains, Western Region, Miami Agency, and Southwest Region CFR Courts. Additionally, Indigenous Nations operated 234 law enforcement agencies, and twenty-three police agencies were operated by the Bureau of Indian Affairs. These police entities are notoriously underfunded. Some efforts were made to improve resources available to Tribal police, such as the Parity for Tribal Law Enforcement Act of 2023, but overall, funding and training opportunities remained insufficient.
Bibliography
Nielsen, Marianne O., and Robert A. Silverman. Native Americans, Crime, and Justice. Westview Press, 1996.
"Office of Tribal Justice." U.S. Department of Justice, www.justice.gov/otj. Accessed 10 Dec. 2024.
"Overview: Office of Justice Services." Indian Affairs, U.S. Department of the Interior, www.bia.gov/bia/ojs. Accessed 10 Dec. 2024.
Pechtl, Eva. "The Indigenous Justice System: How Underfunding Is Failing Tribal Police." University of Alabama Institute for Human Rights Blog, 19 Dec. 2023, sites.uab.edu/humanrights/2023/12/19/the-indigenous-justice-system-how-underfunding-is-failing-tribal-police. Accessed 10 Dec. 2024.
"Tribal Law Enforcement." Bureau of Justice Statistics, bjs.ojp.gov/topics/tribal-crime-and-justice/tribal-law-enforcement. Accessed 10 Dec. 2024.