Thursday, December 19, 2013

Shaming America into better Native justice

In 1881, a Brulé Lakota man in South Dakota who shot and killed another member of his tribe was sentenced to death by federal officials who thought the tribal punishment of eight horses, $600 and a blanket was too lenient. The case set a precedent that certain crimes committed on tribal lands are to be tried in federal, rather than state or local, courts.

One hundred and thirty years later, on the same reservation, 17-year-old Bryan Boneshirt, a Rosebud Sioux, pleaded guilty to homicide for beating and strangling MarQuita Walking Eagle. State courts are prohibited from sentencing juveniles to life in prison without parole, but because cases for certain crimes involving Native Americans on reservations go straight into the federal system, which has no such restrictions, Boneshirt was tried as an adult and sentenced to a 48-year sentence without parole. He’ll likely spend the rest of his life in jail.

Boneshirt’s crime was heinous, says Troy Eid, chairman of the national Indian Law and Order Commission, a non-partisan advisory group. Yet if the same crime had been committed off-reservation, say by a teenager in Denver, the defendant would have been tried in district or state court and received a significantly shorter sentence, even if he was tried as an adult. The fact that Boneshirt was subject to a different, harsher set of laws simply because he lived on a reservation is indicative of the “extraordinary dysfunction” of Native American criminal justice, Eid adds.

In a groundbreaking 324-page report on tribal safety released last month, Eid and his eight co-commissioners found that Native American juveniles serve sentences roughly twice as long as those served by any other racial or ethnic group, and that two-thirds of all juveniles serving time in federal prisons are Native. “It’s extraordinary,” says Eid, a law professor and private attorney. “(Current laws) create a systemic inequity that’s absolutely appalling.” ....

... Read the rest of the story (including the particularly staggering inequality in Alaska Native communities) at

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