Abstract

Indian Reservations are notorious for being some of the most dangerous lands in the United States, posting annual violent crime rates that reach ten times higher than the national average while only making up around 2.4 percent of the geographical area. Federal reservations (326 total in the U.S.) experience high levels of poverty, alcohol, and drug abuse, along with poor educational services that often correlate to these high levels of violent crime. This I.S. seeks to analyze legislation that has affected federal policy on Indian reservations in the United States with specific investigations into criminal justice and educational systems to create a historical trajectory of how these issues came to be. Through legislation such as The Major Crimes Act of 1885, The Dawes Act of 1887, and Public Law 83-280, Congress has pushed for assimilating Indians into Western society. Consequently, a complicated and complex jurisdictional system of Criminal and Civil law has been created that has greatly limited tribal, state, and federal governments from establishing adequate law and order on reservations. While activism to address the consequences of these legislation provisions was persistent throughout the twentieth century, it wasn’t till the twenty-first century that Congress acted. In 2010, The Tribal Law and Order Act was enacted to reform the dysfunctional criminal justice system and address the violent crime epidemic. While the Tribal Law and Order Act of 2010 provided significant solutions, its limitations highlight how more legislation is needed to pursue Indigenous justice that hasn’t existed for many decades.

Advisor

Roche, Jeff

Department

History

Disciplines

Civil Law | Criminal Law | Criminal Procedure | Indigenous, Indian, and Aboriginal Law | Jurisdiction | Law Enforcement and Corrections | Legal History | Legislation

Publication Date

2025

Degree Granted

Bachelor of Arts

Document Type

Senior Independent Study Thesis

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