Punishment in Indian Country: Ironies of Federal Punishment of Native Americans

Native Americans are US citizens, but they are also tribal nationals subject to complex and unique criminal jurisdiction arrangements over Indian lands. Tribal nations typically have tribal court jurisdiction over less serious crimes, but for serious crimes the federal justice system often supersedes tribal authority, exposing Native Americans to more severe punishments. In addition, recent federal programs have attempted to foster greater tribal/federal criminal justice coupling. Yet, examinations of criminal punishment of Native Americans are few, and most are outdated and/or of very limited generalizability. We examine the punishment of Native American defendants in federal court, focusing on 28 federal districts with substantial Indian presence. Using recent US Sentencing Commission data, as well as contextual data from the Bureau of Indian Affairs and tribal courts, we focus on differences in the federal sentencing of Native American defendants, and how these differences are conditioned by indicators of tribal-federal criminal justice coupling.     

Ontogeny of femur subtrochanteric shape in Native Americans and American Blacks and Whites

Femur subtrochanteric size and shape can be used to differentiate between adult Native Americans and American Blacks and Whites, but little is known about when shape differences are established during growth and development. Ontological changes in subtrochanteric shape were examined using 74 Native American and 61 American Black/White subadult femora. At birth, the proximal femur diaphysis is relatively circular in both groups. Between birth and 5 years, the diaphysis becomes more mediolaterally broad, especially in Native Americans, due to differential growth between the mediolateral and anteroposterior planes. This change may be due to biomechanical stresses associated with developing a mature gait pattern. After the age of 5, growth occurs more equally in the two planes and shape does not change significantly. The adult shape of the proximal femur is established by c. 5 years of age and can be used to discriminate between Native American and American Black/White femora in older subadults.     

Population variation in femur subtrochanteric shape

Use of proximal femur shape to determine ancestry has appeal, but its validity is problematic because of unaddressed issues associated with skeletal plasticity, within- and between-population variation, sample selection, and interobserver error. In this paper, I inspect within- and between-group variation in proximal femur shape using five groups (American Blacks, American Whites, Hispanics, Native Americans, and Polynesians), and examine the affect of three environmental variables (subsistence strategy, physical terrain, and geographical region). Finally. I consider the validity of using the proximal femur to assess ancestry. The results show that there is significant within-group variation in proximal femur shape. Among Native Americans, both geographical location and subsistence strategy have a significant affect on proximal femur shape. Nevertheless, this study generally verifies the assertion that the proximal femur can be used reliably to distinguish Native Americans from American Blacks and Whites, but its precision may be reduced in some geographical regions.     

The impact of race on perceptions of criminal injustice

Based on a stratified sample of 239 residents of Cincinnati, Ohio, the present study explored whether African Americans and Whites differ in their perceptions of racial injustice in the criminal justice system. The data revealed a cleavage in the extent to which the races believed that Black citizens would be differentially stopped by the police, given a speeding ticket, jailed, and sentenced to death. The effect of race remained strong even when controls were introduced for sociodemographic characteristics, experience with the criminal justice system, experience with crime, neighborhood disorder, and political and crime related ideology. Perceptions of injustice, moreover, were strongest among the least affluent African Americans. The possibility that the racial divide in perceived criminal injustice both reflects and contributes to a larger racial chasm in how Black and White citizens understand and experience their lives in American society is explored.     

Understanding (Mis)classification Trends of Latin Americans in Fordisc 3.1: Incorporating Cranial Morphology,Microgeographic Origin,and Admixture Proportions for Interpretation

Assigning correct population affinity to a skeleton can contribute important information to an investigation—yet recent work highlights high error rates when classifying Latinos with a traditional tool, Fordisc 3.1 (FD3). Our study examines whether misclassification trends exist, and whether these can be used to infer population affinity. We examine the relationships among ancestry, geography, and FD3 misclassifications of Latinos using canonical variate analysis and unsupervised model‐based clustering of craniometrics. Northern Mexicans appear more strongly associated with FD3 references samples with elevated amounts of European ancestry (e.g., American Blacks and Whites), while Southern Mexicans are more strongly associated with FD3 reference samples with reduced amounts of European ancestry (e.g., Guatemalans and Native Americans). FD3 classifications revealed that Latinos exhibited lower posterior probabilities when compared to other common case demographics (Whites and African Americas), even when the classification was “correct.” We make recommendations for practitioner interpretation of FD3 reports for casework.     

A Quantitative Assessment of Zygomatic Projection for Ancestry Estimation

Anterior zygomatic projection (ZP) is historically referenced as a useful trait in ancestry estimation, particularly when differentiating between Native Americans and U.S. Whites and Blacks. However, methods of assessing ZP vary, are susceptible to multiple interpretations, and have not been quantitatively validated. This study uses 228 3D surface scans of U.S. Whites, U.S. Blacks, and Native Americans to quantitatively test the ZP methods published by Rhine in 1990 (Skeletal attribution of race: methods for forensic anthropology, Albuquerque, NM, Maxwell Museum of Anthropology, 1990) and Bass in 1995 (Human osteology: a laboratory and field manual, Columbia, MO: Missouri Archaeological Society, 1995). Two ZP angles and two distances, representing method interpretations, were collected and analyzed via ANOVA and discriminant function analyses. Although significant ancestry differences were found across all variables, only the Bass inferior zygomatic distance successfully differentiated the pooled Native American group from pooled U.S. Whites/Blacks (73.7% correct). Arctic Native Americans, displaying the most projecting zygomas, are driving group differences. Significant overlap in measurement distributions were observed between groups in all variables, indicating limited forensic utility.     

Twelve short tandem repeat loci Y chromosome haplotypes: genetic analysis on populations residing in North America

A total of 2443 male individuals, previously typed for the 13 CODIS STR loci, distributed across the five North American population groups African American, Asian, Caucasian, Hispanic, and Native American were typed for the Y-STR loci DYS19, DYS385a/b, DYS389I/II, DYS390, DYS391, DYS392, DYS393, DYS437, DYS438 and DYS439 using the PowerPlex Y System. All population samples were highly polymorphic for the 12 Y-STR loci with the marker DYS385a/b being the most polymorphic across all sample populations. The Native American population groups demonstrated the lowest genetic diversity, most notably at the DYS393 and DYS437 loci. Almost all of the 12-locus haplotypes observed in the sample populations were represented only once in the database. Haplotype diversities were greater than 99.6% for the African Americans, Caucasians, Hispanics, and Asians. The Native Americans had the lowest haplotype diversities (Apaches, 97.0%; Navajo, 98.1%). Population substructure effects were greater for Y-haplotypes, compared with that for the autosomal loci. For the apportionment of variance for the 12 Y-STRs, the within sample population variation was the largest component (>98% for each major population group and approximately 97% in Native Americans), and the variance component contributed by the major population groups was less than the individual component, but much greater than among sample populations within a major group (11.79% versus 1.02% for African Americans/Caucasians/Hispanics and 15.35% versus 1.25% for all five major populations). When each major population is analyzed individually, the R(ST) values were low but showed significant among group heterogeneity. In 692 confirmed father-son pairs, 14 mutation events were observed with the average rate of 1.57x10(-3)/locus/generation (a 95% confidence bound of 0.83x10(-3) to 2.69x10(-3)). Since the Y-STR loci reside on the non-recombining region of the Y chromosome, the counting method is one approach suggested for conveying an estimate of the rarity of the Y-haplotype. Because the Y-STR loci are not all in disequilibrium to the same extent, the counting method is a very conservative approach. The data also support that autosomal STR frequencies can be multiplied by the upper bound frequency estimate of a Y-haplotype in the individual population group or those pooled into major population groups (i.e., Caucasian, African American, Hispanic, and Asian). These analyses support use of the haplotype population data for estimating Y-STR profile frequencies for populations residing in North America.     

RACIAL THREAT,PARTISAN POLITICS,AND RACIAL DISPARITIES IN PRISON ADMISSIONS: A PANEL ANALYSIS*

Why are racial disparities in imprisonment so pronounced? Studies of alternative outcomes in the criminal justice system find positive relationships between minority presence and punitive outcomes. Therefore, it is puzzling that the studies of racial incarceration ratios find negative relationships between this presence and such discrepancies. We use a pooled time‐series design to resolve this dilemma. Successful Republican attempts to link crime with public concerns about a dangerous racial underclass also suggest that where these racial appeals are successful, African Americans should face higher incarceration rates than whites. In contrast to prior research, our results are consistent with findings about other criminal justice outcomes. They show that an inverted, U‐shaped, nonlinear relationship is present between African‐American presence and racial disparities in imprisonments. Additional results indicate that the presence of African Americans in deep southern states and greater support for Republican presidential candidates together with increases in the most menacing crime (which often is blamed on African Americans) also help to explain these discrepant racial prison admission rates.     

Criminologists,duct tape,and Indigenous peoples: quantifying the use of silencing research methods

A recent quantitative evaluation of mainstream criminological research found that there is a dearth of research on “Indigenous peoples in the criminal justice context” conducted in Australia, Canada, New Zealand, and the United States and published in elite criminology journals while these nations continue to incarcerate Indigenous peoples at markedly disproportionate rates. Although the silence prohibits public attention to this social issue, counter-colonial critics have mostly focused on criminologists who deliberately marginalize Indigenous peoples through use of inappropriate research methods. This study is a first attempt to quantify the use of “silencing research methods” in contemporary mainstream criminology. It involves a comprehensive review of research published in elite criminology journals over the past decade (2001–2010). The findings reveal that although mainstream criminologists generally prefer non-silencing research tools, they primarily employ silencing research methods when studying Indigenous peoples. Also, studies that focus on Native American peoples use silencing research tools more often than studies on other disproportionately incarcerated social groups, i.e., African and Hispanic Americans. The study concludes that by using “silencing research methods,” elite mainstream criminology has contributed to the marginalization of Indigenous peoples to varying degrees in all four countries over the past decade.     

INTERROGATING RACE,CRIME, AND JUSTICE IN A TIME OF UNEASE AND RACIAL TENSION

This address has a twofold purpose. First, as the first African American to serve as president of the American Society of Criminology (ASC), I celebrate the contributions of scholars of color to the study of crime and criminal justice and to the ASC. I do so by pointing out the accomplishments of several African American scholars whose contributions are numerous and exemplary. I also emphasize that African Americans are joined in their efforts by scholars of multiple other colors, including, Latinos/as, Native Americans, and Asians. Second, in view of responses to apparent unrest and racial tension in U.S. society that is signaled by lethal violence between police and U.S. residents of color, I offer four recommendations regarding how we might proceed with our research, and report our findings, in ways that improve the likelihood of helping to inform societal debates and policy developments around crime and justice issues. In my conclusion, I encourage the ASC to 1) continue to grow the diversity of its membership and to integrate the research and findings of scholars of color into the mainstream of criminology; and 2) take further steps to conduct research and share findings with diverse audiences to ensure that post‐truth does not become normative regarding crime and justice issues.     

Race and the Death Penalty

Abstract

Scholars have learned a great deal about race and the death penalty. Yet the field has limitations: (1) prior research focuses on African Americans and Hispanics but ignores Asian Americans; (2) researchers have not explored Donald Black's (1989) plan to eliminate discrimination called the “desocialization of law.” Black notes that jurors who do not know the race of the offender and victim cannot discriminate. Black then outlines proposals aimed at removing race information from trials, while still providing jurors with relevant legal information. We address both issues through an experiment in which mock jurors (N = 1,233 students) recommended a sentence in a capital murder trial consisting of four conditions: (1) Asian American-white; (2) white-Asian American; (3) African American-white; (4) race of offender and victim unknown. The results suggest that Asian Americans are treated the same as whites, while African Americans continue to suffer from discrimination. Here, we consider the potential role of social status in such outcomes. The results also suggest that African American offenders and unknown offenders face the same odds of a death sentence. Here, we consider two potential interpretations. On one hand, jurors in the unknown condition could have seen an African American offender and a white victim in their “mind's eye,” effectively merging the conditions. On the other hand, death sentences could be the same in the conditions for distinct reasons: Death sentences could be high in the unknown condition because of relational distance between the juror and offender, while death sentences could be high in the African American-white condition because of discrimination. We conclude by considering the theoretical and public policy implications of both the central findings.     

Genetic structure among 38 populations from the United States based on 11 U.S. core Y chromosome STRs

A DNA database consisting of the 11 Y chromosome short-tandem-repeat (Y-STR) recommended by the Scientific Working Group on DNA Analysis Methods is constructed for 2517 individuals from 38 populations in the United States. The population samples derive from five ethnic groups currently living in 10 states. A multidimensional scaling (MDS) plot places the populations into four discrete clusters (African Americans (AA), European Americans (EA), Hispanic Americans (HA), and Asian Americans (SA)) and one dispersed cluster of Native Americans. An analysis of molecular variance (AMOVA) indicates that a large proportion of the total genetic variance is partitioned among ethnic groups (24.8%), whereas only a small amount (1.5%) is found among-populations within ethnic groups. Separate AMOVA analyses within each ethnic group show that only the NA sample contains statistically significant among-population variation. Pair wise population differentiation tests do uncover heterogeneity among EA and among HA populations; however, this is due to only a single sample within each group. The analyses support the creation of AA, EA, HA, and Asian American databases in which samples from different geographic regions within the United States are pooled. We recommend that separate databases be constructed for different NA groups.     

Review of the Literature on Risk and Protective Factors of Offending Among Native Americans

Abstract

The social and economic conditions faced by much of the Native American population, as well as the history and treatment of Native Americans in our society, create many risk factors for criminal offending. At the same time, however, the cultures, traditions, and spiritualities of Native American tribes likely provide unique protective factors against offending in light of these risks. While these issues, especially drug and alcohol abuse, have received considerable attention by a handful of scholars, the level of research on risk and protective factors of offending have not, although recent research and funding decisions are beginning to make this topic a priority. This paper provides a brief review of the literature on risk and protective factors among Native Americans, highlighting some of the major factors likely to receive the most research attention over the next several years.     

Offending Patterns Among Southeast Asians in the State of California

Abstract

Using California's Monthly Arrest and Citation Register (MACR) data collected by the California Department of Justice for the years 1991-1996, this study examined odds of arrest for various violent and lucrative type offenses, across seven different Asian ethnic groups. To avoid selection bias, African Americans, Hispanics and Native Americans were also included in the analysis. Logistic regression models were fitted to the MACR data. Consistent with theoretical hypotheses, the authors found that Southeast Asian immigrants were more likely to engage in criminal activity than their white counterparts and more established Asian groups. Logistic regression results revealed that Southeast Asians, in particular Vietnamese, were over-represented in every arrest category, while non-refugee Asian groups were considerably underrepresented in arrests. Cambodians, Laotians, and Vietnamese were at significantly higher odds of arrest for crimes that tended to produce financial gain, such as theft, car theft, and petty theft. The authors suggest that their findings on Southeast Asians may in part reflect the unique nature of the immigration of members of this group to the U.S., and the multiple disadvantages that they continue to experience, for example, low human capital, lack of English proficiency, and ethnic prejudice and discrimination. Results suggest the need for more programs aimed at assisting Southeast Asians refugee immigrants with their transition into American society.     

Global and Neighborhood Attitudes Toward the Police: Differentiation by Race,Ethnicity and Type of Contact

This study focused on a series of hypotheses regarding residents’ attitudes toward the police: (1) residents’ attitudes toward the police are better represented by a two-dimensional model that differentiates global perceptions of the police from assessments of the police in the respondents’ neighborhood; (2) the structure of residents’ attitudes toward the police is different for Whites, African Americans, and Latinos; (3) direct experiences with the police in the respondents’ neighborhood will be more strongly associated with the respondents’ assessment of police in their neighborhood than global perceptions of the police; and (4) the influence of direct experiences with the police will be stronger for African Americans and Latinos than for Whites. Results based on structural equation modeling offer strong support for the need to differentiate between global and neighborhood perceptions of the police. The underlining measurement structure of attitudes toward the police was similar for Whites, African Americans, and Latinos. However, the relationship between global and neighborhood attitudes was stronger for African Americans and Latinos. Negative contact with the police was associated with both negative global and neighborhood assessments of the police. Non-negative contact was associated with positive neighborhood perceptions of the police; however, only when it occurred within the neighborhood. The influence of direct experiences with the police (both inside and outside the neighborhood) was similar for Whites, African Americans, and Latinos.     

Media coverage and public opinion of the O. J. Simpson trial: Implications for the criminal justice system

This article considers some of the beneficial and detrimental influences of media coverage of celebrity criminal trials based on a survey administered during the criminal trial of O.J. Simpson. Analysis indicates those who exhibited a stronger psychological involvement with Simpson developed through repeated media exposure were more likely to believe his innocence. African American respondents also were more likely to believe in Simpson's innocence than were others. Gender had no effect on beliefs of Simpson's guilt or innocence. Those with a strong belief in the fairness of the United States justice system more strongly supported unrestricted media coverage of the trial. Anglo Americans more than African Americans believed Simpson's lawyers used the media effectively for their advantage. Learning about the justice system by following the case resulted in increased interpersonal discussions about the legal system.     

Nonmetric Cranial Trait Variation and Ancestry Estimation in Asian and Asian-Derived Groups

Traditionally, precontact Native Americans and Asian groups have been conflated for aspects of the biological profile due to their distantly shared genetic history, although this grouping remains largely unexplored. This study examines craniomorphic variability to ascertain whether Asian groups can be differentiated from each other and from Asian-derived groups using more fine-tuned models. Cranial and mandibular data for 35 nonmetric traits were recorded on precontact Native Americans (n = 150) and modern Japanese (n = 150) and Thai (n = 150) individuals. Chi-square analyses indicate that all groups exhibit statistically significant differences in most traits. Additionally, cross-validated binary logistic regression equations resulted in correct classification rates in the range of 65.0–93.3% and demonstrate that sex does not contribute to statistical models. Therefore, numerous traits provide discriminatory resolution that detects differences between the samples, thus highlighting the potential utility of nonmetric traits in identifying individuals beyond the traditional African, European, and Asian forensic ancestry groupings.     

Drug Court through the Lenses of African American Women: Improving Graduation Rates with Gender-Responsive Interventions

Drug courts began in the United States in 1989, and nearly three decades of evidence has shown that drug courts are more effective than other criminal justice interventions at reducing criminal recidivism. There has, however, been a trend in some drug courts where African Americans are less likely to graduate than their White counterparts, which is concerning because evidence has also shown that graduating the program reduces the odds of recidivating. Little is known about African Americans’ experiences in drug court, and this is the first known qualitative study to ask African American women (N?=?8) about the most helpful aspects of drug court that support them in graduating and how the drug court could be more helpful in supporting them to graduate. The women felt that the drug court judge was their advocate and understood the unique challenges they faced with balancing the demands of drug court with motherhood. Conversely, the women felt that they were not receiving effective, gender-responsive treatment for their substance use disorders, which was a barrier to them graduating drug court. The findings are discussed in reference to drug court practice and future research.     

Racial Composition of Television Offenders and Viewers' Fear of Crime

Scholars, politicians,criminal justice professionals and members ofthe general public frequently link the media tothe United States' crime problem. Although manyscholars have noted the televised constructionof young black males as the stereotypicalcriminal, no study has ever measured how therace-specific content of media messages may berelated to viewers' perceptions and fearsrelating to crime. This article breaks withpast research that analyzes fear of crime byprogram genre, and instead explores the impactof the racial composition of televisionoffenders on viewers' fear of crime. The datainclude a content analysis of twenty-sixcrime-related programs and a telephone surveyof 1492 adults to explore the relationshipbetween television viewing and fear of crime. For African Americans there is a correlationbetween time spent viewing television and fearof crime. For Whites, the relative frequencyof African-American offenders in the televisionprograms is more important for predicting fearof crime than the amount of television theywatch.     

Hispanics and the death penalty: Discriminatory charging practices in San Joaquin County, California

Following reinstatement of the death penalty after the Supreme Court's decision in Gregg v. Georgia (1976), social scientists carefully documented evidence of racial and gender bias against defendants and victims at all stages of the death penalty system, from charging to conviction and sentencing. Despite these consistent findings, questions remained. One crucial unknown was whether or not racial bias uncovered in investigations of African Americans and Whites also negatively impacted members of other minority groups, in particular the largest minority group in the U.S.-Hispanics. Are Hispanics, as both victims and defendants, treated more like non-Hispanic Whites or African Americans? This research examined all death-eligible homicides in San Joaquin County, California from 1977 through 1986. Using logistic regression analysis, the investigation uncovered patterns of racial and gender bias, finding defendants in Hispanic victim cases were less likely to face a death-eligible charge than defendants in White victim cases. Evidence of discrimination may have implications for how Hispanic integration and race and ethnicity are understood and for evaluating the success of statutory reforms designed to insure fairness and constitutionality of the death penalty.