Feds neglect sex/violent crime prosecutions in Indian Country.

Not that I approve of the way the DOJ intervenes in Indigenous affairs when it does, but this is unacceptable. The Director of the Office for Tribal Justice for the Justice Department on Indigenous affairs is Tracy Toulou. Complain about this to him. The contact info there is: 

 U.S. Department of Justice
Office of Tribal Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

 

202-514-8812

cc all copies of your correspondence with them to the reporter covering this at the New York Times, which just published the article below, so he can get a sense of how the public is responding to the DOJ's neglect. This guy Timothy Williams has done some good reporting - check him out here.

Here's the link to the Justice Department's data on crime and justice in indigenous communities. Keep in mind that's also an arm of the propaganda campaign about how great Eric Holder and the DOJ are - don't believe everything you read there as an objective "fact".


Not everything about the incidence of violence in Indian Country - or the rest of the nation, for that matter - can or should be addressed with police and prosecution - by then, someone else has already been hurt. INCITE! Women of Color Against Violence has a lot of excellent resources about alternative justice systems, prison abolition, and violent crime from the perspective of survivors of oppression. 

 We need to build a better library of resources and knowledge here on tribal justice, too. Folks with resources more specific to Indigenous communities and justice are encouraged to drop me a line so I can pass them on. I'm Peggy at prisonabolitionist@gmail.com.

---------------

Higher Crime, Fewer Charges on Indian Land

NEW YORK TIMES

February 20, 2012

 By TIMOTHY WILLIAMS

Indian reservations across the United States have grappled for years with chronic rates of crime higher than all but a handful of the nation’s most violent cities. But the Justice Department, which is responsible for prosecuting the most serious crimes on reservations, files charges in only about half of Indian Country murder investigations and turns down nearly two-thirds of sexual assault cases, according to new federal data. 

The country’s 310 Indian reservations have violent crime rates that are more than two and a half times higher than the national average, according to data compiled by the Justice Department. American Indian women are 10 times as likely to be murdered than other Americans. They are raped or sexually assaulted at a rate four times the national average, with more than one in three having either been raped or experienced an attempted rape. 

The low rate of prosecutions for these crimes by United States attorneys, who along with agents of the Federal Bureau of Investigation generally have jurisdiction for the most serious crimes on reservations, has been a longstanding point of contention for tribes, who say it amounts to a second-class system of justice that encourages law breaking. Prosecutors, however, say they turn down most reservation cases because of a lack of admissible evidence. 

Brendan Johnson, the United States attorney for South Dakota, said the government in recent years has deployed extra prosecutors and F.B.I. agents to Indian Country. And the Justice Department says it is seeking to make its decisions more transparent. Impatience on reservations is understandable, Mr. Johnson said. 

“If I had the rates of crime in my community that they do, I’d be mad, too,” he said.

But tribes say they are rarely told why reservation cases are not pursued by the government. 

“One of the basic problems is that not only are they declining to prosecute cases, but we are not getting the reason or notification for the declination,” said Jerry Gardner of the Tribal Law and Policy Institute in West Hollywood, Calif., which works with tribes to develop justice programs. “The federal system takes a long time to make a decision, and when it comes to something like a child sexual assault, the community gets the message that nothing is being done.” 

Under federal law, tribal courts have the authority to prosecute tribal members for crimes committed on reservations, but cannot sentence those convicted to more than three years in prison. As a result, tribes usually seek federal prosecution for serious crimes. 

Frustration has grown so acute that some tribal members have sued the government for declining prosecutions and for what they say is the related issue of sloppy police work. 

Last month, a federal court in Montana allowed the family of Steven Bearcrane of the Crow Reservation to sue an F.B.I. agent who Mr. Bearcrane’s parents say conducted a flawed homicide investigation into their son’s death at 23. The lawsuit also said the United States attorney’s office has a practice of rejecting criminal cases in which the victims are Native Americans. 

The Justice Department said it has made headway in resolving conflicts with tribes, pointing to a directive to United States attorneys to work more closely with tribal leaders and to the Tribal Law and Order Act, approved by Congress in 2010, which sought to strengthen tribal law enforcement systems. 

But Tao Etpison, former chief judge of the Tonto Apaches in Arizona, said federal prosecutors typically live, work and try cases hundreds of miles from Indian Country. And at times, according to federal data, the Justice Department declines to prosecute violent reservation crime because local United States attorneys have said they lack sufficient resources. “These crimes are very serious for the reservation, but the prosecutors really don’t see it from a reservation perspective,” Mr. Etpison said. 

Federal prosecutors in 2011 declined to file charges in 52 percent of cases involving the most serious crimes committed on Indian reservations, according to figures compiled by the Transactional Records Access Clearinghouse at Syracuse University, which uses the Freedom of Information Act to recover and examine federal data. 

The government did not pursue rape charges on reservations 65 percent of the time last year and rejected 61 percent of cases involving charges of sexual abuse of children, the federal data showed. In contrast, the Justice Department declined 20 percent of drug trafficking cases nationwide, according to the federal figures. 

Once federal prosecutors do decline a case, they seldom hand over evidence to tribal courts, according to the Government Accountability Office. An office report last year also found that federal prosecutors fail to tell tribes that they have declined cases until after the tribe’s statute of limitations has expired. 

Federal prosecutors, however, say they seek to provide as much information as possible to tribes about cases they decline, though they are often limited because the cases may be reopened later. 

Kerry J. Jacobson, an assistant United States attorney in Wyoming, said undertaking tribal prosecutions while the government decides whether it will file charges would create more problems than it would solve. 

“We can’t turn over our evidence while we are doing our investigation,” she said. “And I don’t want victims of sexual assault to have to testify twice.” 

Much of the time, however, victims do not testify at all. 

On the San Carlos Reservation in Arizona, Mr. Etpison, the former tribal judge, said federal prosecutors had declined to pursue at least 40 sexual assault cases in recent years, most of them involving children. 

Thomas W. Weissmuller, a former chief judge for several tribes, said he presided over a trial on the Swinomish Reservation in Washington State in which a 31-year-old man was accused of pouring root beer schnapps into the root beer of a girl who had recently turned 13. The girl, unaware of the alcohol, drank the soda and passed out. The man covered her face with her own clothes and raped her. 

Mr. Weissmuller said that in spite of a DNA match and statements from two relatives who interrupted the attack, federal prosecutors did not file charges. 

Though convicted of rape in tribal court, the man served only one year in jail — the maximum penalty in the tribal system at the time. The Justice Department declined to discuss the case. 

“I don’t know why it wasn’t prosecuted federally,” Mr. Weissmuller said. “I believe it was a very clear-cut case.”

Arizona crime rates released (2000-2010)

I find it interesting that the rates of violent crime in Arizona have been increasing so dramatically in the past two years. Since 2009, though, the rates of felons being sent to prison for violent crimes actually dropped.  Sounds to me like either the prosecutors and judiciary have gone soft on rapists and murderers, or - more likely - the cops are just too busy raiding worksites and chasing immigrants to pay attention to solving the crimes that really matter here...that might explain the MCSO's poor performance in recent years in this respect (their murders are down, but how's their clearance rate these days?).

-------------from the AZ Republic------------

Arizona eclipses U.S. in 10-year crime dip, analysis says

by Bob Ortega - Oct. 12, 2011 12:00 AM
The Arizona Republic

Despite recent increases in the rates of murder and rape, over the past 10 years, Arizona's reported crime rate has dropped by nearly a third, according to a new analysis of FBI crime data released Tuesday by the Arizona Criminal Justice Commission.

The 32.4 percent decrease in reported crime easily outpaced the 18.9 percent nationwide drop over the same time period. The biggest single driver of Arizona's decline was a 60 percent drop in the rate of motor-vehicle thefts from 2000 to 2010.

Although the rates of most reported crimes fell more sharply than the national average over the decade, Arizona's rate for each of the seven types of crime in the FBI index remains above the national median.

The crimes tracked include four categories of violent crime (murder, rape, robbery and aggravated assault) and three property crimes (burglary, larceny theft and motor-vehicle theft).

The analysis shows that, recently, Arizona's rates of murder, rape and aggravated assault have increased.

Arizona's rate of rape, after falling for four straight years, shot up 31.9 percent from 2008 to last year. That jump led the rate to climb by 10.4 percent over the decade, even as the national rate fell by 14.1 percent.

The justice-commission report does not attribute the rise to any particular cause. But that jump in reported rapes doesn't necessarily mean there has actually been an increase in rapes, said Dean Kilpatrick, director of the National Crime Victims Research and Treatment Center, in Charleston, S.C.

Because rape is so underreported - fewer than one in five victims contacts the police, he said - a successful program to encourage victims to step forward may increase the percentage of rapes that are reported, whether the actual number of rapes is rising, falling or flat.

"If you have good rape-crisis centers, if the police are seen as giving victims a fair shake, better counseling and advocacy, you may get an increase in reporting because victims feel they'll be treated well," he said.

The Phoenix Police Department can't say why the rate is up, said Sgt. Trent Crump, a spokesman. But, he said, in recent years, the department has worked hard to improve cooperation among police, prosecutors, rape counselors and victims advocates.

"We have a forensic-nursing program now to make the examinations less stressful for victims, and we're doing everything we can do to create an environment in which victims feel comfortable coming forward," he said.

Myra Ferell-Womochil, director of community-based services for the Northland Family Help Center in Flagstaff, said the Flagstaff police also have worked hard to educate officers on how to handle sexual-assault cases.

She said education programs run across the state by Arizona's Department of Health Services that teach about consent, healthy relationships and rape prevention may be helping. And, because alcohol use is often a factor, her center has worked with bar owners to educate staff on making bars safer.

The sex-assault statutes in Arizona and most other states don't track precisely with the FBI's definition of rape as "the carnal knowledge of a female forcibly and against her will," said Phil Stevenson, the director of the commission's Statistical Analysis Center.

The FBI includes attempted rape using force or the threat of force but doesn't include sex assaults on males, statutory rape or other sex offenses. The FBI is reviewing its definition of rape and will consider changes to it this fall, according to the bureau's Criminal Justice Information Service.

Crump said that in up to 75 percent of the sexual-assault cases in Phoenix, the victim and assailant know each other. "We don't want people to automatically assume these are stranger attacks," he said. "We don't currently have a serial rapist hitting an area."

Arizona's murder rate over the 10 years fell 12.7 percent. But from 2009 to 2010, the rate increased 18.5 percent. At 6.4 murders per 100,000 people last year, Arizona's rate remained one-third higher than the national rate of 4.8 per 100,000.

Crump noted that the 2009 murder rate of five per 100,000 residents was the lowest in more than 20 years. Even the 2010 rate is lower than any year from 2000 to 2007.

Maricopa County Sheriff Joe Arpaio said that, in his jurisdiction, murders and rapes are both down so far this year compared with this point last year, with eight murders in 2011 compared with 26 up to this point in 2010.

"We had a lot of our murders in the desert. One reason in our area we're not getting so many murders is the drop in illegal immigration," he said.

The rates of aggravated assaults and robberies both fell by roughly a quarter over the decade, giving Arizona an overall drop in the rate of violent crime of more than 23 percent.

From 2009 to 2010, the rate of aggravated assaults rose 4.5 percent. Property crimes fell more sharply - 33.3 percent - led by a 30.2 percent drop in larceny theft, which includes shoplifting, pickpocketing and the theft of bicycles, and the dramatic plunge in motor-vehicle theft.

The drop in vehicle crime can be credited to a decade-old change in how the state tackled that crime, said Brian Salata, executive director of the Arizona Automobile Theft Authority. Previously, few thieves were aggressively prosecuted.

"All we were doing was knocking off low-level players and not really solving the problem," Salata said.

In 2002, Arizona's vehicle-theft rate was nearly 2 1/2 times the national average. Counties agreed to assign specially trained prosecutors to deal with vehicle-theft cases, and they began pushing harder for thieves to roll over against others in their organizations to get plea bargains, Salata said.

That made it easier to cripple theft rings and criminal cartels, he said. By requiring anyone reporting a vehicle theft to sign a sworn affidavit, cities and counties slashed cases of insurance fraud. Improvements in vehicle security also helped.

While Arizona's vehicle-theft rate was still 40.9 percent higher than the national median last year, Salata said the rate is continuing to drop this year.

Pedophiles and Abolitionists

May we all get a little more in touch with our humanity in the coming year.

_____________

Here's the latest about Ladwig's indictment. It’s not a pleasant thing to talk about – to even acknowledge it happened – but it’s out there. Looks like there were signs he was having trouble well before this happened, but I'm not sure that wearing women's lingerie in and of itself is considered criminal or indicative of a child molester in-the-making. But I’m no expert on pedophiles, and welcome any corrections that can be sourced.

I guess it should come as no surprise that three days after Ladwig's Christmas molestation of that little girl, a 47-year-old prisoner at ASPC-Eyeman, Monte McCarty, who was doing life for sex offenses against children, was found dead in his cell, the result of an apparent suicide. One can’t help but wonder if he was trying to escape the evil some such men feel courses through their veins when he took his life, or if he knew that he would be the target of a lot of men’s rage who would now be stigmatized and punished by the rest of us for Ladwig’s actions. 


First, what happened to that child is a whole lot worse than losing a little good time - no one is minimizing that. There are other places where her voice is being heard and her trauma is being attended to, so I don't feel a need to do that more here. The guys inside would not only be thinking about their own daughters or sisters being victimized in such a way - they have the same visceral reactions - but must have also considered the same potential fallout from this that I did, and more. No early release program; no compassionate releases; longer sentences for methamphetamine possession (and the presumption that one must be a sexual deviant); and the stink of a pedophile on all of them when they walk out the door and try to get on with their lives as 40-something men from Arizona’s state prison on parole. Who’s going to want to give them a job, much less a place to live, whether or not they can prove they aren’t sex offenders? Ladwig wasn’t classified as a sex offender before this, it appears. How will they ever be able to support their families again?

I know that the life of the pedophile must be a pretty wretched existence. They are the most hated among all of us – their crimes are most appalling, and they are thus most readily dehumanized. The rape, assault, torture, abuse, neglect, humiliation, and mental torment they end up suffering when incarcerated is what we all have come to expect to happen to them, and we let it. Never mind whether or not such violations make up the substance of what sickened his soul to begin with. 

Unfortunately, our silence about the safety and rights of prisoners is not indifference - it's condemnation. On some level we rationalize that “justice” is being done, and turn away from reports that suggest otherwise.  That’s why prisons are so far away from towns: it's not just to keep the villager safe in case of escapes - it's so we don’t have to hear the people inside scream. We don't want to hear it; that's what perpetuates rape and violence in prison - and to a certain degree out here, too.

I realize that not all the bad guys are just "victims" – they don’t all even have perpetrators in their own memories. Sociopaths and psychopaths - whether they’re pedophiles, batterers, or corporate executives, appear to simply derive sadistic pleasure from inflicting suffering on others, even if they’ve had perfect childhoods. Even people like me have an impulse that makes us want to see them get caught and watch as they suffer – which is why they suffer so much when they’re caught. As long as they don’t go after children, most sociopaths can hurt scores of people, though – millions at a time, even - and still get cut some slack when it comes to whether or not they should be tortured. Not child molesters. We'd still be lynching them if we could.

Once they’ve been identified as the personification of evil, it doesn’t matter what degree of rehabilitation or behavior management a pedophile may achieve, or what the specifics ever were of the case (is the one in your neighborhood the 55-year old who did 20 years for repeatedly raping his daughter, or is it the 17-year old kid who impregnated his 16 year old girlfriend? They should both be registered…). However apt or misapplied, the label pedophile or child molester immediately disqualifies them as human – even among other sex offenders.

And so, the real truth in sentencing for child molesters should account for what will probably happen to them once inside, and what their life opportunities will be reduced to if they survive incarceration intact and regain their freedom. Prisons should be tracking the victimization of such offenders while incarcerated, how they deal with it, and what kind of suicide, “success”, and recidivism rates they’re seeing among that population after release in light of the realities of their previous prison experiences.

Those perpetrators who were once victims themselves - especially the men, among whom childhood sexual abuse is vastly under-reported - have mutilated and killed themselves enough that I have no doubt that somewhere inside some “monsters” is a soul who desperately doesn't want to make another human being go through the same hell they experienced - especially not at their hands. Because their obsessions and compulsions run so deep and their “cure” is so elusive, some see no alternative to deal with their pathology but to spend a life in exile or prison - a place worse than hell for them - or to destroy the predator within by destroying themselves. Are any such souls worth redemption, or are all deserving of the same fate?

I've asked the ADC for data they may have gathered on rates of criminal behavior, convictions, and violent crimes by people who are classified as victims – or histories of victimization among the people they have classified as criminals. I just don't believe that the criminal/victim categories are mutually exclusive; designing our justice systems, programs, funding streams, and social rewards and punishments as if they aren't intimately overlapping categories is a mistake. 

Data about which criminals are victimized, and which victims end up criminalized, could have some far-reaching implications for how we deal with crime prevention and build communities around more restorative models of justice. It could also help us get at data on the crimes that so often go unreported precisely because the victim is engaged in criminal activity at the time: like a 16 year old runaway being exploited by a pimp who could end up in detention facing charges herself (or returned to the home where she was being sexually abused). Or a 15-year old silenced by the fear that the drug transaction which made her so vulnerable would be used to prosecute her if she reported the dealer who raped her - assuming she survived the consequences of being identified in the drug community as a narc. 

We can’t not talk about guys like Ladwig, as uncomfortable as they make us. What happened with Ladwig is going to be a big deal when the legislature starts talking sentencing reform again. Most people I talk about prison abolition with get a lot of the arguments for changes in criminal codes, drug laws, sentencing recommendations, post-sentence sanctions, and other reforms that would inch us closer to abolition – but they always want to know what we’re going to do with the sociopaths and child molesters if we don't have prisons. 

So do I. 

I may not have the answer to that just yet, but I’m starting to do more research, because I think we need to be doing something different with these guys at some point in their lives. Throwing the convicted child molesters to the wolves in the end not only condemns the innocent among them to the same brutal fate we hand to the despised, it strips the guilty of what humanity may have been left within them that could help prevent them from hurting others again. It also diminishes the humanity in us in the process.