Experiences of federal prosecutors and investigators of sexual assault cases occurring in Indian Country

McNair, Jamie katherine (2018) Experiences of federal prosecutors and investigators of sexual assault cases occurring in Indian Country. Masters thesis, Northern Arizona University.

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Abstract

This thesis is a qualitative evaluation of how federal criminal justice professionals work together in the investigation and prosecution of sexual assault cases on reservations. Historically, sexual assault was one of the tactics used by European settlers to control and dominate Native Americans, and this, among other colonial processes, has resulted in historical trauma that has continued to impact tribes to this day (Smith, 2015). Today, Native American women experience sexual violence at rates higher than any other demographic (Evans-Campbell, 2008; Riley, 2016). Another effect of colonialism was the establishment of the paternalistic relationship between the U.S. government and Indian Nations that many attribute partly to the creation of the General Crimes Act in 1834 and the Major Crimes Act in 1885 (Price, 2013; Riley, 2016; Rolnick, 2016; Sands, 1998). The General Crimes Act extended federal law to Indian Country for interracial offenses, and the Major Crimes Act diminished tribal sovereignty by mandating that certain felonies committed by Indians in Indian Country were to be investigated and prosecuted federally - sexual assault being one of these crimes. Although tribal courts retain concurrent jurisdiction in these cases, the Indian Civil Rights Act and the 2013 Re-authorization of the Violence Against Women Act have restricted tribal courts, who often refer sexual assault cases to federal criminal justice officials. This makes the Federal Bureau of Investigation (FBI) and U.S. Attorneys primarily responsible for the investigation and prosecution of sexual assault occurring in Indian Country. This research aimed to understand the experiences of some of these federal criminal justice officials in the investigation and prosecution of sexual assault cases occurring in Indian Country. The findings of this research suggest a need for cultural and educational training to be required of federal criminal justice personnel who will be working in Indian Country, and they also question the necessity of federal criminal justice involvement in sexual assault cases occurring in Indian Country.

Item Type:	Thesis (Masters)
Publisher’s Statement:	© Copyright is held by the author. Digital access to this material is made possible by the Cline Library, Northern Arizona University. Further transmission, reproduction or presentation of protected items is prohibited except with permission of the author.
Keywords:	American Indian; FBI; federal criminal justice; Native American; sexual assault; U.S. Attorney
Subjects:	H Social Sciences > HV Social pathology. Social and public welfare
NAU Depositing Author Academic Status:	Student
Department/Unit:	Graduate College > Theses and Dissertations College of Social and Behavioral Science > Criminology and Criminal Justice
Date Deposited:	10 May 2021 20:21
URI:	http://openknowledge.nau.edu/id/eprint/5458

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