Incarcerated Indigenous and Native American Populations

Abstract

Mass incarceration has impacted many groups in the United States. In particular groups of color have been incarcerated at a disproportionately higher rate when compared to persons not of color. This is especially true for Native American populations. They represent the largest group per capita in the U.S. prison system, being incarcerated at a rate almost 40% higher than the national average. Native American men and women are four times and six times more likely to be incarcerated than White men and women, respectively. This also holds true for Native American youths, who account for 1% of the national youth population but represent upward of 70% of youth taken into federal prison. Despite these numbers, media reports and scholarly analysis of Native American populations is limited when compared to other similarly disenfranchised groups. The purpose of this chapter is to discuss the scope and nature of the incarceration experience for Native American and Indigenous populations. It will begin with a general discussion of incarcerated Native American populations, focusing on key statistics and facts regarding this group. The unique challenges Native American populations face while incarcerated will also be highlighted. Issues related to tribal justice and key pieces of legislation related to tribal justice will be discussed. The chapter will conclude with a discussion of policies and potential steps moving forward to address the issues related to overrepresentation of Native Americans in prisons and the juvenile corrections system. Overall, we want to spotlight this marginalized group and discuss the unique challenges and circumstances that are leading to their disproportionate incarceration.