Findings from the Federal, State, and Tribal Response to Violence Against Women in Indian Country Studies

Transcription

1 Findings frm the Federal, State, and Tribal Respnse t Vilence Against Wmen in Indian Cuntry Studies Alisn Brks Martin Pstdctral Research Assciate Natinal Institute f Justice 14 th Indian Natins Cnference Agua Caliente Reservatin December 10, 2014 This prject was supprted by Award N PJ-BX-K001, awarded by the Natinal Institute f Justice, Office f Justice Prgrams, U.S. Department f Justice. The pinins, findings, and cnclusins r recmmendatins expressed in this reprt are thse f the authr and d nt necessarily reflect thse f the Department f Justice.

2 Presentatin Overview Intrductin, Backgrund, Timeline Tpical Dmains f Interview Questins Sample and Interview Prtcl Federal and Tribal Study State and Tribal Study

3 Intrductin Cllected detailed infrmatin n federal, state, and tribal respnses t dmestic vilence, dating vilence, sexual assault, and hmicide f AI and AN wmen living in tribal cmmunities Face-t-face interviews with agency representatives invlved in the respnse t these crimes Dcumented plicies and practices, training, utreach effrts Gal: Imprve law enfrcement, prsecutin, and judicial respnse t crimes against wmen in Indian Cuntry

4 Timeline : Drafted research questins and interview guides Established cdes and themes Cgnitively tested the instrument with multiple Indian Cuntry experts and stakehlders 2012: Pilt tested the instrument : Federal and tribal staff interviewed 2014: State and tribal staff interviewed Transcribing, cding, analysis, reprt Received exemptins frm full-irb review frm OJP s Office f General Cunsel (2012) and OJP s IRB (2013)

5 Tpical Dmains Cntext Case Prcessing Agency Rles and Cllabratin Interagency Cmmunicatin Incident Tracking Staff Training Cmmunity and Victim Outreach Vicarius Trauma

6 Sample Federal and tribal staff in nn-pl 280 states (n = 38) 3 Assistant US Attrneys (AUSAs) 9 Federal Bureau f Investigatin (FBI) special agents 3 Bureau f Indian Affairs (BIA) criminal investigatrs/special agents 4 tribal prsecutrs 8 tribal law enfrcement 11 victim specialists/victim-witness staff State and tribal staff in PL 280 states (n = 47) 14 state/cunty law enfrcement 6 state/cunty prsecutrs 4 state/cunty victim-witness staff 3 tribal law enfrcement 20 tribal/cmmunity-based victim service prviders

7 Sampling and Interview Prtcl Purpsive Sampling Selectin f cases in a deliberate, nn-randm manner Relevant characteristics Assigned t r wrking in Indian Cuntry New and veteran staff Supervisry and nn-supervisry staff Bth men and wmen Gegraphic diversity Vluntary and cnfidential, semi-structured interviews Team f tw interviewers N recrding device used, respndents identities and states kept cnfidential Interviewed in private, quiet rm; 60 t 90 minutes

8 Federal and Tribal Study:

9 Federal and Tribal Study: Interagency cmmunicatin and cllabratin Persnal relatinships f emplyees acrss agencies impact frequency and value f cmmunicatin abut cases Respndents tend t have quicker and mre frequent cntact with staff if they have a gd persnal relatinship with the individual Can have imprtant implicatins fr case prcessing and utcmes, if such cmmunicatin affects hw r when a case is reslved Cnfusin regarding rles and expectatins; sme staff said they have n cmmunicatin with sme agencies despite their attempts t establish a wrking relatinship The establishment f MOU may assist with the delineatin f respnsibility amngst federal and tribal agencies

10 Federal and Tribal Study: Underreprting f crimes against wmen in Indian Cuntry Cnsistent belief these crimes are underreprted Cmmunity members may have a lack f trust in the criminal justice system and think they have nwhere t turn if they are a victim f crime, r that nthing will be dne if they reprt Heavy caselads, lw numbers f staff lead t slw respnse times Divergence between federal and tribal agencies regarding effrts t increase reprting r awareness f crimes against wmen in their jurisdictins tribal respndents were mre likely t reprt invlvement in such effrts

11 Federal and Tribal Study: Declinatins Frequency f declinatins appears t be AUSA-dependent Cases typically declined due t lack f evidence Quality f the investigatin and dcumentatin by law enfrcement affects the quality f cases sent t AUSAs Reducing declinatins wuld require an effrt t imprve the quality f bth law enfrcement and prsecutin staff wh are dedicated t their psitins in Indian Cuntry, as well as increasing training fr law enfrcement n hw t prperly dcument their investigatin

12 Federal and Tribal Study: Training Lack f training was cited as a reasn fr declinatins and pr interagency relatinships Training shuld be fcused n the tpics f jurisdictin, evidence cllectin and prcessing, reprt writing, self-care, interviewing and interrgatin, and Native American culture--particularly the culture f the tribes within each ffice s jurisdictin Supervisrs shuld cnsider sending a team f cwrkers t training events, rather than ne individual frm the team. This apprach wuld make it easier t enact changes learned frm the training Whenever pssible, trainings shuld be taught by peple with experience wrking in Indian Cuntry

13 Federal and Tribal Study: Vicarius trauma Resurces shuld be made available t staff wh are feeling stressed Agencies shuld examine their plicies regarding hw staff are assigned t Indian Cuntry psitins Increasing the number f staff wrking in Indian Cuntry wuld help reduce caselads, help staff respnd quickly t crime reprts, and allw them t spend mre time n each case FBI s Safeguard prgram

14 State and Tribal Study:

15 State and Tribal Study: Underreprting f crimes against wmen in Indian Cuntry Mst said these crimes are underreprted Nt a prblem exclusive t Indian Cuntry, but exacerbated due t fear f retaliatin, sense f shame, victim s cntinued invlvement with the perpetratr, and desire t keep the matter within the cmmunity Slw respnse time, lack f cnfidence in law enfrcement Rural lcatins; travel time; weather cnditins Reprting may increase if Native cmmunities had a relatinship and regular interactin with law enfrcement fficers that respnd t crimes in their area

16 State and Tribal Study: Declinatins Mst d nt feel prsecutrs unfairly r disprprtinately decline cases invlving crimes against wmen in Indian Cuntry Difficult t win in curt; prsecutrs must triage cases due t heavy caselad Cases typically declined due t a lack f evidence and lack f victim participatin in the case s investigatin and/r prsecutin Mre thrugh investigatin and reprts frm law enfrcement may help reduce declinatins

17 Training State and Tribal Study: Amunt and frequency f training was dependent n the state and the respndent s psitin New prsecutrs received the least amunt f training Training shuld be fcused n the tpics f evidence cllectin, dmestic vilence and sexual assault, reprt writing, self-care and preventing burnut, PL 280, and Native American culture Cnsider tailring training t the persn s rle (patrl fficers vs. investigatrs)

18 Resurces State and Tribal Study: Mre staff needed at all levels Desire t wrk in Indian Cuntry, rural areas f the jurisdictin Mre victim services lcated n r near reservatins Many tribal staff discussed difficulty getting timely respnse frm state/cunty law enfrcement Crss-deputizatin f tribal plice t increase plice cverage and prvide better services n reservatins Rural law enfrcement statins Cnsider dedicating a prsecutr t vilence against wmen cases Law enfrcement and victim service prviders discussed prblems assciated with relying n grant funding

19 Cmparisn f Findings PL 280 respndents Reliance n grant funding; lack f funding fr law enfrcement Challenges have mre t d with rural nature f Indian Cuntry Greater issues with law enfrcement respnse Better relatinships between state and tribal staff/agencies Nn-PL 280 respndents Mre issues with declinatins Mre challenges assciated with establishing relatinships and cmmunicatin between federal and tribal staff Tribal plice and curts are mre cmmn= mre pints f cmmunicatin Similar training needs; need t address burnut/self-care Mre staff that want t wrk in Indian Cuntry Everyne recgnized the imprtance f interagency cllabratin and cmmunicatin

20 Cntact Infrmatin Alisn Brks Martin Pstdctral Research Assciate Natinal Institute f Justice Phne: Alisn.Brks.Martin@usdj.gv