new mexico crime data project prepared and presented by ada pecos melton, mpa american indian...

NEW MEXICO CRIME DATA PROJECT

Prepared and Presented byAda Pecos Melton, MPA

American Indian Development Associates2401 12th St., NW, Suite 212

Albuquerque, NM 87104(505) 842-1122; Fax (505) 842-9652

www.aidainc.net

©2002 American Indian Development Associates


Overview of Tribal Justice Integration

Infrastructure issues

Policy – Leadership support—local, tribal, state, and federal

– Expertise

– Institutional knowledge

– Coordinated effort

Systems– Lack of affordable technology and equipment

– Access to power, communication lines, etc.

– Lack of expertise

– Importing expertise and transferring or localizing knowledge


NEW MEXICO CRIME DATA PROJECTInfrastructure issues

Sustainability concerns– Lack of funding for equipment, licenses, warranties,

maintenance agreements,

– Human resources

Visibility

– Building tribal capacity—role of federally funded TTA

– Building partnerships with local, intertribal, state and federal governments


NEW MEXICO CRIME DATA PROJECTTable 1. Tribal Diversity

Diversity

Dimensions

Pueblo of

Laguna

Pueblo of

Acoma

Pueblo of

Zuni

Language Keres Keres Zuni

Location Rural Rural Rural

Tribal Enrollment 7,980 4,782 9,780

Children’s Codes Written Code Customary Law Extensive Revision

Juvenile Code Minimally part of

Criminal Code

Minimally part of

Criminal Code

Written Code

Criminal Code Written Code Written Code Written Code

Customary Law Moderate integration in

formal systems

Extensive integration in

formal systems

Moderate integration in

formal systems

Local Law

Enforcement

Tribal Police Tribal Police &

Traditional Officials

Tribal Police

Tribal Leadership Elected 2 year term Appointed 1 year term Elected 4 year term

Court Modern Court Modern & Traditional

Court

Modern Court

Judicial Hired by Tribal

Council

Hired by Tribal Council Hired by Tribal Council

Indigenous Justice Family Gatherings &

Village Resolution

System

Family Gatherings &

Traditional Court

Family Gatherings



1. Program Visibility

Ensure that tribal members are aware of the program from the beginning. Promote the program

Promote program results

Develop program leadership

Incorporate social marketing strategies



2. Community Involvement

Involve tribal programs and traditional tribal officials from all parts of the community Create opportunities for participation,

collaboration, and resource sharing.

Communicate openly

Educate and inform the community

Provide opportunities for training & leadership


NEW MEXICO CRIME DATA PROJECTConsultation With Indian Nations

Consultation is one way of enacting government-to-government relations

It is a direct dialogue between one or more Indian nations and the U. S.

government to discuss issues that impact them or where they may

have an interest in the outcome of a federal agency’s decision.

Presidents have reaffirmed the relationship through Executive Memoranda that mandate all executive departments and agencies of the Federal government to engage in meaningful consultation with Federally recognized tribes.

Executive Order (EO) 13084, Consultation and Coordination with Indian Tribal Governments:

“…have an effective process to permit elected officials and other representatives of Indian tribal

governments to provide meaningful and timely input in the development of regulatory policies

on matters that significantly or uniquely affect their

communities.”



1995 Policy on Indian Sovereignty and Government-to-Government Relations with Indian Tribes.

• Department's recognition of tribal sovereignty and the role of DOJ in fulfilling the Federal trust responsibility, the principles of Indian self-determination and self-governance, and the protection of Indian civil rights, religion and culture.

• Directs all DOJ components to conduct their activities consistent with the sovereignty and trust principles in their work with the Indian nations especially through consultation with elected or appointed officials and other representatives of Indian nation governments. This policy remained intact under the Attorney General Ashcroft administration.

U.S. DEPARTMENT OF JUSTICE



STATE GOVERNMENT POLICY

State governments have passed similar policies supporting tribal-state consultation to promote effective government-to-government relations.

• State of New Mexico Policy on Government-to-Government Relations continues to guide relations between the 22 Indian nations and State agencies.

This policy has been useful in developing consultation strategies between three Pueblos—Acoma, Laguna and Zuni and the state to develop intergovernmental agreements to share criminal history information across jurisdictions.


NEW MEXICO CRIME DATA PROJECTPHILOSOPHY AND PURPOSES OF CONSULTATION

Federal & State Policies on Tribal Consultation• EM-Government-to-Government Relations with Native

American Tribal Governments • EO-Consultation and Coordination with Indian Tribal

Governments• DOJ Policy on Indian Sovereignty and Government-to-

Government Relations with the Indian Tribes• DOI Manual-512 American Indian Intergovernmental

Relations and Alaska Native Programs Departmental Responsibilities

• Health Care Financing Administration guidance letter to States on Consultation with Indian Tribes and Organizations

• P.L. 93-638 Indian Self-determination Act• P.L. 94-437 Indian Health Care Act• P.L. 95-608 Indian Child Welfare Act• P.L. 101-630 Indian Child Protection & Family

Violence Prevention Act• The Native American Graves Protection and

Repatriation Act• State of New Mexico Policy on Government-to-

Government Relations• New Mexico Children’s Code 1978 as amended in 1993

and 1999.

Consultation is a form of communication between two equals,similar to diplomacy between nations. It builds upon the political and legal foundations found in state and federal statutes, treaties, and executive orders



PHILOSOPHY AND PURPOSES OF CONSULTATION

Consultation philosophies are based on ethical foundations created by the relationship between the two sovereigns—the US and the Indian nations. This relationship is based on the cession of lands in return for provision of

services, annuities and entitlements by the Federal government.

Indian nations have an unalienable right to self-government and self-

determination.

Moral obligation and legal responsibility to support Indian nations in their

self-governance efforts and promote consultation as the mechanism for

exchange of information and interaction.

new mexico crime data project prepared and presented by ada pecos melton, mpa american indian...

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