Criminal justice in Indian country: Examining declination rates of tribal cases

Regina Branton, Kimi King and Justin Walsh

Social Science Quarterly, 2022, vol. 103, issue 1, 69-81

Abstract: Objective This study examines how U.S. Attorney Offices (USAO) use their declination powers in Indian country (IC) cases, compared to non‐IC cases. Methods We utilize the “National Caseload Data” provided by the Executive Office for U.S. Attorneys. These data allow us to identify whether a crime occurred on IC and identify whether the USAO declined to prosecute a case. Further, we examine if and how the passage of the Tribal Law and Order Act (TLOA) affected rates of declination of IC cases. Results The findings indicate that IC cases are significantly more likely to be declined when compared to non‐IC cases. This suggests violence in IC may be linked to the federal government's lack of judicial oversight of criminal cases that occur in IC. Additionally, the findings indicate that the passage of TLOA in 2010 significantly reduced the declination rates in IC. Conclusion The vicious cycle of violence on tribal lands is partially a result of the federal government's lack of judicial oversight of criminal cases that occur in IC. The failure to prosecute IC criminal cases results in perpetuating the occurrence of violent crime in tribal lands.

Date: 2022
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