Federal Indian Law
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Federal Indian Law
Challenges and Obstacles to Effective Law Enforcement
Many questions ask to know the effectiveness of the American Indian tribal governments that asks what it means to be a tribal police officer, the intricacies of this role, and how tribal police and community interact to solve issues facing the Country of India. Lawrence Greenfield and Steven Smith conducted a study in 1999 that showed a rot in the American Indian community. American Indian women were found out to be the highest victims of crime approximately 50% higher than for black males. The local jails were full of the American Indians and were incarcerated at 38% rate higher than that of the national rate CITATION Jef15 l 1033 (Ross, 2015). High statistics recorded for people arrested due to committing a crime under alcohol influence and putting that aside, the percentage recorded rose when they considered the number of violent crimes committed. Such kind of data posses a big alarm in the country of India because of tribal government and law enforcement agencies.
Cultural Conflict
There are some challenging sets of negotiations that face India and the interaction between American Indians, and the law enforcement is one of these challenges. The way law enforcement is carried out in the United States is of a higher ranking that the concept appears to be foreign to Native American communities. There is high professionalism regarding the police services offered as they constitute use of technology and some special activities that do not conform to the methods of peacekeeping used in traditional communities. Indians got to learn about this Western style of law reinforcement through plenary power doctrine CITATION Jef15 l 1033 (Ross, 2015). The relationship between the people of India and the Indian police has not been easy because of the imposed structure over the traditional system. Since the killing of the Sitting Bull in 1890, the people of India often view the police as a suspect and that the police is not of good intentions for the citizens of India.
Problems with Professionalized Policing in Indian Country
Professionalization of the police department is majorly exhibited in the United States as they have all developed standardized codes and training of the police is a satisfactory goal. Even though a big problem manifests at the event that the Indian police tries to mimic the type of professionalism as exhibited by the United State’s police. The type of setup that runs from the response to emergency calls from residents and hierarchical system of decision-making and management is something that cannot apply in the country of India CITATION Jef15 l 1033 (Ross, 2015). A bigger part of Indian’s population is rural, and the roads leading to their homes are often unpaved and rendered impassable by vehicles. It, therefore, shows that for this system of policing to take effect in India, many things have to be settled first, as accessibility to areas becoming a key concern.
There are also fewer police offices, and a recent survey shows that only half of these offices have 911 emergency response system. Out of this half, the police are very lazy to act upon emergency cases, and 90% arrive after the situation is worsened and cannot be saved. There is a public safety crisis in the country of India after law enforcement got fragmented through poor coordination.
The interrelationship between Tribal Sovereignty and Community Empowerment
The United States Supreme Court and the Congress have attacked the American Indian tribal sovereignty as establishment and implementation of tribal laws is difficult. If India as a country is to survive the harsh environment, there is a dire need for the development of a strategy that can further tribal sovereignty, community empowerment, and self-determination. One of the ways this strategy can develop is through a “de facto” sovereignty that naturally arises to undertake the provision of government services, which are essential whether given permission or not under the national laws CITATION Jef15 l 1033 (Ross, 2015). Even though there is a de jure tribal sovereignty that attacks the de facto sovereignty which entire comes from the legislation, the de facto sovereignty concept has been accepted, and the movement of tribal governments looks into ways of providing law enforcement to their members.
Fragmentation of Indian Law Enforcement
Local law enforcement in India faces complicated legal matters including state and tribe. Criminal conduct in India is determined by three ways; whether the incidents in question took place in India, whether the people behind the act are Indians, and the type of offense caused. And for this mater, an Indian is a person who is believed to have a tribe in India and is of Indian blood. The Major Crimes Act: When the criminal act is thought to have been undertaken by an Indian, then the federal government has a mandate over thirteen felonies through the powers of The Major Crimes act. Criminal Jurisdiction under Public Law 280: States do not have a mandate over Indians reservation under the principles of Indian federal law, unlike the Congress that has power in conjunction with the states to vest federal authority. The Congress under PL 280 did not grant the regulatory mandate over the county of India. Until date, public Law 280 is still of a great significance in India CITATION Jef15 l 1033 (Ross, 2015). Even though it is the role of the states to provide law enforcement in the community, tribes in these estates have their police departments that are hired and paid to enforce the law.
Varieties of Indian Law Enforcement
A national survey carried out during 1996-1998 showed that there are close to 170 reservations that have law enforcement. The following are some of the findings from the survey; Tribal Law Enforcement Structure: The agencies concerned with law enforcement in India are of five different types. They are known to operate as a unit in boundaries of particular reservations. Two of the law enforcement structures involve the Bureau of Indian Affairs whose role during the traditional times was to bear responsibility for all law enforcement that occurred on the Indian reservations CITATION Jef15 l 1033 (Ross, 2015). Situations have currently changed in India, and even the areas where PL 280 existed have employed tribal police officers who they control and fund. These kind of tribal police departments are under cover of other forms of law enforcement as they operate on reservations. It has been witnessed that through this system, there are problems that result from overlapping power and leads to conflicts of law.
BIA-ALES: With less accountability to the tribal government on given reservations, there are 64 reservations that the police are the BIA personnel and are directed and funded by the bureau. Questions that may pertain law enforcement and its conduct or procedures are addressed by the BIA administration. Public Law 93-638: 90 tribes have been confirmed to have exercised their rights under the PL 93-638 and through the BIA have taken over the roles of law enforcement. The tribe signs a contract with the bureau that officiates some law enforcement activities mandated by the act. Tribally Funded Police: a growing number of reservations close to 60 now have tribally funded police that is controlled and accountable to the various tribal governments. Self-Governance: There are 25 tribes that direct their law enforcement activities under the Self-Determination Act of 1994. State Law Enforcement Under Public Law 280: 39 reservations and 106 Rancherias that got a delegation of law enforcement authority under PL 280. The Bureau of India is therefore limited to act on these areas may be because of remote locations or just unwillingness CITATION Jef15 l 1033 (Ross, 2015). It has therefore forced many tribes to look for their methods of law enforcement or do without them.
Resources and Staffing Problems
American Indian tribal police departments face some significant problems in the line of adequate provision of law enforcement services. The problems range from constraints in the budget, inadequate proper personnel, and a diverse rural set up that lead to poor delivery of the law enforcement unit in India. A recent study on the American Indian tribal police departments showed that more than 50% of respondents have less than ten officers in their departments, which raise the alarm on the law enforcement in India with the big population CITATION Jef15 l 1033 (Ross, 2015). About 40% pay the patrol officers an hourly rate of $100 or even less and this is a contributing factor to poor policing in India. The lower the pay, the lesser the motivation to act no wonder during emergency issues they do not respond to an impulse. Even though the entry level for one to be sworn in only requires a high school degree, this should not justify the payment they get.
Reference
BIBLIOGRAPHY Ross, J. I. (2015). Native Americans and the Criminal Justice System: Theoretical and Policy Directions. Routledge.
