Old Dominion University ODU Digital Commons Sociology & Criminal Justice Theses & Dissertations Sociology & Criminal Justice Summer 2013 Rez Realities: Exploring the Perceptions of Crime and Justice Among Tribal Police Officers in Indian Country Favian Alejandro Martin Old Dominion University Follow this and additional works at: https://digitalcommons.odu.edu/sociology_criminaljustice_etds Part of the Criminology Commons, Indigenous Studies Commons, Race and Ethnicity Commons, and the Regional Sociology Commons Recommended Citation Martin, Favian A.. "Rez Realities: Exploring the Perceptions of Crime and Justice Among Tribal Police Officers in Indian Country" (2013). Doctor of Philosophy (PhD), Dissertation, Sociology & Criminal Justice, Old Dominion University, DOI: 10.25777/kn8r-1k08 https://digitalcommons.odu.edu/sociology_criminaljustice_etds/30 This Dissertation is brought to you for free and open access by the Sociology & Criminal Justice at ODU Digital Commons. It has been accepted for inclusion in Sociology & Criminal Justice Theses & Dissertations by an authorized administrator of ODU Digital Commons. For more information, please contact [email protected]. REZ REALITIES: EXPLORING THE PERCEPTIONS OF CRIME AND JUSTICE AMONG TRIBAL POLICE OFFICERS IN INDIAN COUNTRY by Favian Alejandro Martin B.S. May 2007, Pennsylvania State University, Harrisburg M.A. May 2009, Pennsylvania State University, Harrisburg A Dissertation Submitted to the Faculty of Old Dominion University in Partial Fulfillment of the Requirements for the Degree of DOCTOR OF PHILOSOPHY CRIMINOLOGY & CRIMINAL JUSTICE OLD DOMINION UNIVERSITY August 2013 Approved bv Danner (Director) ABSTRACT REZ REALITIES: EXPLORING THE PERCEPTIONS OF CRIME AND JUSTICE AMONG TRIBAL POLICE OFFICERS IN INDIAN COUNTRY Favian Alejandro Martin Old Dominion University, 2013 Director: Dr. Mona J. E. Danner Although American Indians and Alaskan Natives (AI/NA) compose just over 1% of the general population in the U.S., they experience higher rates of crime and violence than the total population and are dramatically over-represented in the criminal justice system. In light of these realities, the paucity of research on AI/NA crime, violence, and justice problems is appalling. What research does exist suggests that AI/NA crime and victimization is correlated with social problems such as poverty and illegal drug use which are linked to the social ills of colonialism. Drawing on the work of Loader (1997), this dissertation examines the perceptions of crime and justice among tribal police officers in Indian Country. Police officers are charged by the state with the responsibility to maintain social control and seen as the authoritative discourse of crime and justice in society. Within their position, they have the ability to “diagnose” all crime related problems (Loader 1993). Given their unique position in society, the police also have the power to frame the discourse on crime and justice and their experiences influence public opinion and policy. Throughout Indian Country, tribal police officers possess unique knowledge about all crime-related problems and offer a discourse on crime and justice on reservations. This dissertation uses in-depth interview methods to address the research question: What are the perceptions of crime and justice in Indian Country among tribal police officers? Interviews with 27 tribal police officers on a southeastern Indian reservation were conducted to explore the tribal police officers perceptions about crime and justice. The tribal police officers’ perceptions revealed a tribal community suffering from high rates of prescription drug use that were correlated with property crimes and high levels of domestic violence and assaults. This is substantiated by the current crime data: as creators of discourse and community perceptions, the view of the criminal justice personal are reified in the community. The participants spoke about the tribal court system as dysfunctional due to inter-tribal politics, federal restrictions, and lenient tribal judges. Tribal police officers also portray the federal government as too often failing to prosecute serious crimes on the reservation. As a result, they believed that both the tribal and federal criminal justice systems did not adequately address crime on the reservation. This dissertation is dedicated to my parents Jennie and Carlos Martin ACKNOWLEDGEMENTS First, I thank my dissertation Committee: Dr. Mona J.E. Danner, my Dissertation Chair, for her patience, guidance, and constructive comments. Dr. Travis Linnenman for his in-depth knowledge of critical criminology that proved to be extremely helpful during the theoretical analysis. Dr. Scott Maggard for his helpful and insightful comments on the dissertation research. Lastly, Dr. Jeffrey Ian Ross for serving as my external committee member and sharing his knowledge on American Indians and their social problems. Next, I thank my mentors for their invaluable advice. First, Dr. Mona Danner for her unwavering support in my academic endeavors from providing words of encouragement to finding sources of funding for various research projects. To Dr. Dawn Rothe, for her guidance and life-changing opportunities such as studying aboard, which exposed me to different cultures and perspectives. I am thankful for your openness and your ability to challenge my preconceived notions on all things in life. Thanks to Dr. Travis Linnenman, for your advice on life in academia. Taken together, my mentors encouraged me to find my “academic voice,” and for that, I am eternally thankful. I am also indebted to my family and friends. To my family, whose encouragement and support greatly helped me throughout the last four years. The many “care packages” and cards significantly helped during those bleak moments and brought much relief. In addition, many thanks to my friends Victoria Collins, Amanda Farrell, and Jesse McKee for their friendship and support. Lastly, to Jeff for being supportive and offering words of encouragement. To you all, I am eternally thankful. TABLE OF CONTENTS Chapter Page I. THE PROBLEM OF CRIME AND JUSTICE IN INDIAN COUNTRY.......................1 SUMMARY OF CHAPTERS ...................................................................................9 II. COLONIALISM - THE STORY OF CONFLICT........................................................10 COLONIALISM........................................................................................................10 THE CURRENT STATE OF AMERICAN INDIANS IN THEIR COMMUNITIES...................................................................................................... 21 AMERICAN INDIAN CRIME AND VICTIMIZATION..................................... 27 POLICING AMERICAN INDIANS....................................................................... 32 TRIBAL JUDICIAL SYSTEM................................................................................43 CONCLUSION.........................................................................................................44 III. THE LITERATURE ON POLICE PERCEPTIONS.................................. 46 THE POLICE.............................................................................................................47 POLICE PERCEPTIONS......................................................................................... 50 CONCLUSION.........................................................................................................60 IV. THE THEORETICAL FRAME - THE SYMPOLIC POWER OF POLICING .......61 SYMBOLIC POWER OF THE POLICE ON THE REZ....................................... 69 V. METHODS .....................................................................................................................71 RESEARCH PARTICIPANTS................................................................................71 EASTERN BAND OF CHEROKEE INDIANS.....................................................72 IN-DEPTH INTERVIEWS.......................................................................................76 RESEARCH PLAN.................................................................................................. 78 PROTECTION OF SUBJECTS...............................................................................79 VI. FINDINGS......................................................................................................................80 POLICE DEPARTMENT DEMOGRAPHICS.......................................................80 COMMUNITY LIFE................................................................................................ 81 CRIME AND VIOLENCE.......................................................................................84 ILLEGAL DRUG USE............................................................................................. 88 CRIME.......................................................................................................................94 PROPERTY CRIMES..............................................................................................94 VIOLENT CRIMES................................................................................................. 97 CRIME CAUSATION............................................................................................ 102 CRIME PREDICTIONS......................................................................................... 107 TRIBAL JUSTICE.................................................................................................. 110 viii INFORMAL