Tribal Policing: Asserting Sovereignty, Seeking Justice

Citation

Bowen, P.C. (2008), "Tribal Policing: Asserting Sovereignty, Seeking Justice", Policing: An International Journal, Vol. 31 No. 3, pp. 521-523. https://doi.org/10.1108/13639510810895849

Very few people understand the complex issues surrounding tribal policing. Who are tribal police? What are their roles and responsibilities? How do tribal police and other law enforcement entities – federal, state, and local – relate and collaborate regarding issues of violent crime in Indian Country? Author Eileen Luna‐Firebaugh is in a unique position to answer these questions insofar as a she is member of the Cherokee tribe and has an education as an attorney that has provided her with in‐depth knowledge in the areas of American Indian tribal police and tribal policy.

Prior to 1986, most criminal justice research regarding law in Indian Country focused on federal case law. Since that time, Barker (1998) described in his book the history and current methods of tribal policing used by the Great Plains Reservation. In 1999 Depresca wrote a journal article regarding the Choctaw tribe's police. More recently, Barazini (2005), presented information on tribal police and how they are gaining respect with other law enforcement agencies. Wells and Falcone (2006) described general patterns of policing in Indian Country in their presentation at the meeting of the American Society of Criminology. In this book on tribal policing, Eileen Luna‐Firebaugh has provided a much more integrated and comprehensive treatment of tribal policing.

Luna‐Firebaugh provides insight into the history of tribal policing from pre‐colonial times to the present. The use of tribal police depends on how the individual tribal communities perceive their roles and responsibilities. Her extensive research spanning eight years provides information on the complex and complicated role of police officials. She addresses such issues as jurisdiction, increased crime (especially violent crime), and recognition of the authority of tribal police. Of special note in her discussion are the lack of resources – lack of manpower, training and useable equipment, such as patrol vehicles and radios – which hinder tribal police in performance of their duties.

Luna‐Firebaugh explains the unique relationship between Indian tribes and the United States government and state and county government. Her clarification of the three legal institutions which compose the Indian judicial system – tribal courts, Courts of Indian Offenses, and tribal courts – aid the reader in understanding many of the issues regarding criminal jurisdiction on tribal lands. Especially noteworthy are her explanations of a series of legislative acts in which the federal government asserts jurisdiction over criminal acts in Indian Country. An example of such legislation is the Major Crimes Act (23.Stat.385 [1885]) which gives the federal government jurisdiction over Indians who commit any of seven felonies crimes while in Indian Country. Indians accused of crimes under the Major Crimes Act are tried and sentenced in federal court, while those accused of lesser crimes are tried in tribal court. Additionally, tribal courts are restricted to limited punishments in that they may incarcerate a person for only up to one year and levy fines of less than 5,000 dollars.

Luna‐Firebaugh explains that tribal police officers are, for the most part, members of their tribal community. This puts them in the unique and sometimes uncomfortable position of being related to a perpetrator and having to enforce the law involving a family member or a member of their tribe. It is complex and difficult for the officers to balance their tribal position while enforcing the laws they have sworn to uphold. She cites data compiled in 1997 by DiGregory and Manuel to support her hypothesis that new recruits for the Indian Police Academy and that many of those who are hired leave for other jobs within two years (p. 53). Tribal police officers suffer from the same problems as many other law enforcement officers who work in rural areas – low pay, scarcity of back up officers, large patrol areas.

She also addresses the issue of recruitment and training of women for tribal police positions. In her discussion, she emphasizes the fact that many times women are able to meet the state standards of certification more than men from tribal lands, therefore there has been an increase in the number of women in tribal policing. Also, the environment appears to be less hostile for women tribal police officers than more might expect, thus they are promoted to levels of more responsibility than women in “mainstream” law enforcement.

In her description of various models of tribal policing, Luna‐Firebaugh not only describes the models, but notes the strengths and weaknesses of these various models and how they differ from the concept of “mainstream” policing models. This enables the reader to better recognize cultural conflict issues between American Indians and law enforcement.

Luna‐Firebaugh emphasizes the challenges and constraints of those working as tribal police officers, as well as their relationships with law enforcement officers on the local, state, and federal level. Furthermore, she discusses the need for better policing policy as a result of the large increase in the number and quality of tribal police departments. She discusses the issues of inadequate training and lack of support from other police agencies. In many instances, tribal police officers are expected to patrol vast areas with out‐dated equipment and inadequate communication devices.

Her discussion of infrastructure challenges provides the reader with needed information regarding the lack of competent policing. Inadequate budgets, vast areas, and unpaved roads add to the challenges of the tribal police officer. Her research also indicates small reservations suffer the most from lack of resources, including 911 services. These issues are similar to the issues faced by other small police departments.

Eileen Luna‐Firebaugh provides much needed information for those teaching courses in multi‐cultural issues in the criminal justice system, administration of justice, and law enforcement issues when working with tribal police. Tribal Policing provides introductory information to a topic insufficiently discussed in the literature. This treatise should encourage both practitioners and theorists to address the issues of tribal policing and its impact in today's society. It is a welcome addition to the scarce resources regarding education on law enforcement in the area of multicultural issues.