WMNS 1103 Chapter Notes - Chapter 3: Indian Civil Rights Act Of 1968, Public Law 280, Major Crimes Act
31 May 2018
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Federal Indian Law and Violent Crime: Native Women and Children at the Mercy of the
State by Sarah Deer
The Color of Violence Chapter 3
• Native people suffer the highest rates of poverty, unemployment and violence in the US
• The importance of apologies can’t be underestimated, however these actions don’t go far
enough in addressing the systemic violence these Natives faint.
• Decision making authority and control over violent crime should be given back to
indigenous nations for there to be justice for the victims
• This conversation cannot be had without including tribal sovereignty because the
response to crimes against women and children is closely connected to sovereignty.
• True justice and healing is only possible when victims can seek accountability within
their own judicial system
• Most indigenous tribes had extremely powerful and effective judicial systems that were
victim centered and strived to provide a sense of recovery and restitution.
• Over the past 125 years, US policies have weakened these systems leaving Native women
most victimized. Over 1/3rd of American Indian and Alaska Native women will be
victimized by sexual violence.
• The laws of the US inhibit tribal communities from responding to crime in a culturally
appropriate way
• The Major Crimes Act (MCA) of 1885 allowed federal prosecution of Native defendants
in serious felony cases (including rape).
• Public Law 280, in the 1950’s, was part of a larger federal effort to terminate tribal
nations, forcing Indian territories to assimilate. It has been replaced but the legacy
remains.
• The Indian Civil Rights Act of 1968 is an imposition of American conceptions of civil
rights upon ways of tribal justice. The ICRA was a congressional response to fears that
tribal courts were unburned by the US constitution and Bill of Rights.
• Since Western systems of justice respond to violent crimes with periods of imprisonment,
there was a myth that tribal governments were not powerful enough to deal with felony
level cases.
• Native women who are victimized find their tribe lacks strong contemporary laws or
prosecutorial policies on felony level cases.
• In 1978, Oliphant v Suquamish Indian Tribe took away authority to prosecute crimes
committed by Non Indians. This has led to a crisis in some communities, as predators and
other criminals are attracted to Indian country where they can commit crimes without
recourse.
• Federal agencies entrusted with supporting Native American people continue to hire
people with histories of violence or sexual offenses. Abuse committed by federal
employees is just a continuation of the colonization process.
• Native people may choose to go without healthcare instead of risking being victimized by
another system or employee that won’t be held accountable.
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