L. Bondmaupin et al., JAILING OF AMERICAN-INDIAN ADOLESCENTS - THE LEGACY OF CULTURAL DOMINATION AND IMPOSED LAW, Crime, law and social change, 23(1), 1995, pp. 1-16
Based on a random sample of 300 youth detained prior to trial in a Sou
thwestern Indian Community, this paper analyzes the pre-trial incarcer
ation of American Indian adolescents. It discusses two major similarit
ies between the detention of adolescents in this Indian community and
the detention of adolescents nationwide, including the minimalization
of the potentially deleterious effects of incarcerating adolescents an
d the detention of minor offenders. It also emphasizes divergences bet
ween the detention of adolescents in the Indian community and the dete
ntion of adolescents nationwide: a much higher rate of detention and r
ecidivism on the reservation; the multiplicity of legal jurisdictions
to which Indian adolescents are subject; administration of the reserva
tion detention facilities by Bureau of Indian Affairs (BIA) personnel
with minimal training in adolescent services; the unique power of BIA
police to determine unilaterally who will be detained initially; and t
he extreme lack of alternative resources for adolescents and families
within the Indian community.