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Full text of "Questions regarding American Indian criminality"

REPORT RESUMES 

EO OU '35 

OUESTIONS REGARD I NO AMERICAN INDIAN CRIMINALITY. 
6T- STEWART, CHER C. 

PUD DATE S 

EORS PRICE MF-|0.?S HC-S0.6A I 6P , 

DESCRIPTORS- CAMErUCAH INDIANS, PCfllME, NEGROES, •ALCOHOtISM, 
LAW ENFORCEMENT . WAf'l INGTON D.C., SOUTH DAKOTA , GALLUP NEW 
MEXICO, DENVER COLORADO, BUREAU OF INDIAN AFFAIRS, APACHE, 
NAVAJO, PHOENIX AR I JON A 

FOR THE PURFOSE OF THIS OOCUMENT, AHERICAN INDIAN HEANS 



UCATIONAL RESOURCES 
ORMATION CENTER 




U. S. DEPARTMENT OF HEALTH, EDUCATION AND WELFARE 

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REPORT RESUMES 



EO 013 135 rc ooo us* 

QUESTIONS REGARDING AMERICAN INDIAN CRIMINALITY. 
BY- STEWART, OMER C. 

PUB DATE 61 

EORS PRICE HF-IO.2) HC-10.64 I 6P . 

OESCRIfTORS- (-AMERICA* INDIANS, PCRIME, NEGROES, * ALCOHOL I SM, 
LAW ENFORCEMENT. WAf't I NGTON D.C., SOUTH DAKOTA . GALLUP NEW 
NEXICO, DENVER COLORADO, BUREAU OF INDIAN AFFAIRS. APACHE, 
NAVAJO. PHOENIX ARIZONA 

FOR THE PURPOSE OF THIS OOCUMENT, AMERICAN INDIAN MEANS 
A SOCIAL-LEGAL GROUP. THE STATISTICS WERE OBTAINED FROM 
FEDERAL > STATE, AND LOCAL GOVERNMENT SOURCES. IN 1900, THERE 
WERE OVER 70,000 INDIAN ARRESTS OUT OF FOUR HILL ION ARRESTS 
REPOR1EO TO THE F.B.I. THE PER CAPITA AMERICAN INDIAN 
CRIMINALITY 15 NEARLY SEVEN TIMES THE NATIONAL AVERAGE, 
NEARLY THREE TIMES THAT OF NEGROES AND NEARLY EIGHT TIMES 
THAT Of WHITES. OVER SEVENTY PERCENT Of THE INDIAN ARRESTS 
WERE ATTRIBUTED TO DRUNKENNESS, WHICH IS NEARLY TWELVE TINES 
THE NATIONAL AVERAGE ■ NEARLY FIVE TIMES THAT Of NEGROES, AND 
NEARLY THIRTEEN TIMES THAT Of ORIENTALS (CHINESE AND 
JAPANESE) . ARRESTS FOR ALL SUSPECTED CRIMES IN THE UNITEu 
STATES WERE FOUR TINES HIGHER IN URBAN AREAS THAN IN RURAL 
AREAS, BUT INDIAN ARRESTS WERE OVER TWENTY-THREE TIMES HIGHER 
IN URBAN AREAS THAN RURAL AREAS • INDIAN ARRESTS FOR 
ALCOHOL -CONNECTED CRIMES WERE NEARLY THIRTY-SEVEN TIMES AS 
GREAT AS WHITES, AND NEARLY FIFTEEN TIMES C-REATER THAN 
COMPARABLE RATES FOR NEGROES. THE AUTHOR QUESTIONS WHETHER 
CROSS STATISTICS GIVE AN ACCURATE PICTURE Of THE AMOUNT Of 
INDIAN CRIHINALITV AND SUGGESTS AN INTENSIVE ANALYSIS Of 
LOCAL CONDITIONS WHICH MIGHT I0ENTIEY FACTORS CONTRIBUTING TO 
INDIAN DELINQUENCY. THE LAWS, AN0 THEIR RECENT CHANGES, 
CONCERNING ALCOHOL AND IN0IANS ARE OISCU5SED. INCLUDED ARE 
CHARTS COMPARING ARREST STATISTICS TO AGE, TRIBE, SEx, TYPES 
Of CRIMES, RACES, AND ETHNIC GROUPS. (JHI 



ftllHitU K.o.. 



m *no from KSI 



QVESnOM-i HOARDING AMERICAN INDIAN CRIMIN ALITY 



By Omvr C. Stewart 



r<-\ 



o 
o 

UJ 



For purpose* of this paper, American Indian meana a social -legal , 
not a blolgUfii group, rhla specification la necessary because many 
of the people enjoying legal privileges of American Indians are. In 
fact , biologically part Negro or part Caucasian. The extremely targe 
portion of Individual* with rained ancaatry among th* Indiana Indicates 
chat hereditary racial factor* are too complex to explain Indltm 
behavior. Although American Indians were originally all claaalfled 
anthropumutrlcsl ly *■ Mongoloid, centuries of mlscegenat Ion have 
produced a genetlcelly mixed population. Notwithstanding their bio- 
logical hybridisation, about 524,000 Individuals were, classified *■ 
Indian on the 1960 United States Census. The practical advantages of 
being listed officially on tribal rolla are such that nearly all who can 
qualify are anxious to maintain their legal atatua as Indian. 

In moat reports of crimes, Indiana are not considered of sufficient 
Importance numerically to ba placed In a separate category, and they 
become lost among "Othnr Races" In tablen which arrange crime etatlltlca 
by race. Indians are Identified on some of the tables of the Department 
of Justice's annual Uniform Crime Reports; however for any year, they 
conetltute a relatively small part of the national total. In I960, for 
example, of the nearly four million arraata reported to the FBI, only 
about eighty thoueand were of Indian*. Nowhere In this annual summary 
of total criminal activity for ths nation could I find calculated the 
rate of Indian arrears par 100.000 population. It le not easy to aae 
the relative else of American Indian Criminality by comparing total 
arrests, sa reported for 1960: White - 2,600,000; Negro - 1,100,000; 
Indian - 80,000. (Table I). 

When a table la prepared show' ig the rate pet 100,000 population, 
however, the amount of Indian criminality relative to population site 
aaems to be exceptionally Urge. Table 2 shows i h.n , for the nation aa 
a w'nola, the rata of Indian criminality le nearly(e*ve~n tlmaa that of 
the netlonal average. Nationally the Indian rate Tor all typea of arresti 
Is nesrly three times that of Negroee and about eight tlmee that of Whites. 

An examination of the causes for arrests Indicates the Indians are 
pertlcularly vulnerable to errest for drunkenness and othsr crimes Involving 
alcohol. In fact, drunkenness alone accounted lor 71 percent of all Indian 
arrcata reported in 1960. The Indian arrests for all alcohol -ralatod 
crlmea la twelve times greater than the national average end over five 
tlmaa that of Negroes. 

TABLE 1 

Figures Used for Preparation of Ratea Shown on Tablea 1 & 2 (From 11. 8. 
Census Stetlstlcal Abatrects 1960 p. 30 TabU 21 "Urban and (tural Popu- 



latlon hy Race") 



T otal 



raw 



biui 



Total 
White 
Negro 
Indian 

Japanese and Chinese 



179.323.000 m.269 ,0t>0 S4.0S4.000 

1 sb 832,000 110,428,000 48,403,000 

18 8/3,000 13,808,000 5,064,000 

524,000 146,000 378,000 

?Q2.000 608.000 94.000 



I fU oop 83 P 



"Krn.rfirr" 60 pbi *>» «. >*> ...... M . 

Rural Arrests 



t„» i Total 
I? I . 368.615 
Alcohol Connected 126,96? 



White 
108,589 
108,579 



Negro 
50.201 
14.074 



Indian 

7,584 

3,797 



Total 

Alcohol Connect- 



Urban Arreata 

(cities 2,500 and over) 



i.Si.'L, ,!ss: 8U ««- 



Chinese- 
Japanese 

132 



Chinese • 
Japan l-cc 
. 7,630 



I.5S1.0M i. 1Jft[fln , 



^4^0? 56.155 



Total population f""" 
White 2,157 
Negro l " 655 
Indian 5 . 9 °» 
Oriental (chlne.e and f'ff? 
Jap anese) »,H1 

(Note: Drunkenness alone account. for fi ■ 

arrests.) ««nunt. for 71 percent of .1] Ionian " 



Alcohol 


7. of 




related 


arreata 


Others 


936 


43 


1.221 


778 


47 


877 


1.954 


33 


3.954 


11,441 


76 


3.662 


272 


24 


839 



not --.-t^^ne^d-Srh'-c^; 0 ^'!^! <°< — 

high as compared to the nation! ' ' lndu " r " te '» "111 

«. Ke 8ro rate for c^Lrr^u^-.^ho 1 :. 8118 ^^ i - 
wMch T : r b e %L a ;:^ c tn: ct c e h d e zr h iz a ? totai — < »«»- 

jroup. Alcohol i. connected W i tn : rre st 8 P orT n H t r 8e f ° r each ethn « 
« frequently as it lo of oriental '"i 1 "" 8 tht »«n times 

as of teo proportionately than of t? Ja P fln "*> *nd over 

«d with arrests of whites (4 percentf ? 8 !!\ Al " ho1 18 = °™ect- 
cases than of Negroes (33 c "" V? ' hlgher P««nt.ge of 
percent). * K " P«cent), but less than of Indians (76 

^ p£l«L^ S. Census often divide 

"tea per 100,000 popuU ion by IcnnV-T* and RuMl " 

^cording to urban or ruraT location V haV<! b€en «lcu).eed 

location of arrest. Table 3 i 8 surprising 



■2- 



for a number of rcaaona. Arreata for all suspected crlmea for 
the notion as a whole has a rate four time* higher for urban 
centers than for rural areas, but for Indiana rhe urban rate la 
twenty-four times that of the rural. Except for Indiana r.ic 
rate oi rural arrests for crlmea not alcohol -connected la higher 
than the rural arrests for alcohol -connected crlmea. Fo.- Indiana 
in rural areas arreata for crimes connected with drinking equal 



Table 3 



Urban-Rural Differences in Number of Arreata ^er 100,000 
Popular, ion-- 1960 (Calculated from Uniform Crime 
Kcport8--1960 11. S . Census 19 't O) 

Total Arrests Alco'.iol Related Others 
Urban Rural U »oan Rurql Urban Rural 



Total Copulation 2,793 682 1 ,238 235 1 ,353 44 7 

White 2,101 638 1,020 224 1,081 414 

Negro 7,712 991 2,368 278 3,144 713 

Indian 49,084 2,006 38,462 1,004 10,622 1,002 

Oriental (Chinese 1,236 167 308 34 948 128 

and Japanese) 



those not connected with rtrln'.ing. It appears significant to mo, 
however, that the arreata in vural areas for alcohol -confine tad Crimea 
is at a rate approximately four times greater for Indiana than the 
national rate or the Negro rata. More surprtalng la the difference 
in Indian rate of arrests for alcohol -related crlmea between cities 
and countryside where tb<> urban rate la thirty-eight times the rural 
rate per 100,000 population. The urban rate of Indian arreata for 
alcohol -connected offenses la about thirty-save,, times as great as 
the white rate of al ;ohol -connected crlmea. Furthermore, tha Indian 
rate of urban arrets per 100,000 population lor alcohol-connected 
crimes Is fifteen times greater than the comparable rate for Negroes. 

For offenres not related to use of alcohol, Indiana In urban 
canters ore a' rested at a rate, per 100,000 population, over twice 
that of urbf.t Negroes and at a rate a lx tlmoo that of Che American 
population as a whole. 

The question may arise whether euch grosa statistics as the 
nation; rates give an accurate picture of the amount of criminal 
actlv'.y among Indians, relative to population also, when compared 
to o' iier segments of the population. A more intensive analysis of 
locfi conditions might reveal a moru realistic picture. Unfortun- 
at ly, there are few studies by local governmental unlta which provide 
r .e figures to compare rotes and percentages. An exception is Report 
i7 of the Government Research Bureau of the State University of SoutV 
Dakota, June, 1957, by W. 0. Parber, Philip A. Odaen, and Robert A. 
Tschetter, entitled "Indians, Law Enforcement and Local Government". 



■a- 



The situation in South Dakota la 

. M „. kot . ««. ^.j; :5^.s^\?e*?5; u °° 

Lt.l, 34!" p^e 5 ""^^"" 1 " 1 " the ><""""»>" •PP".. 

Table 4 shows that the oorcentnu* n f T«-t*. 
South D.kot.. for example h ^ ° "°* ', dl *° "•••» 1" Sl.«ton, 
l« - SO percent ^^^-^ 







Table 


4 






Municipal 


ArreatB, Slsseton, 


8. D. ' 


Year 


Total 


Indian 


White 


Percentage of 




Arrests 


Arrests 


Arrerts 




1947 


297 


165 


132 


—Indian Arrest. 

55 


1948 


312 


177 


135 


56 


1949 


259 


142 


117 


54 


1950 


260 


135 


125 


51 


1951 


209 


120 


89 


J7 


1552 


253 


155 


98 


61 


1953 


401 


268 


133 


66 


1954 


271 


211 


60 


77 


1955 

(From Ta 


261 

le 4. n. 41 I 


?09 


52 


80 



£5 ^ntOstr^erstt, i^^SST * 



r.f.! ^follow. %] -«'«•■ «P"<" *• ch^m. in „r..t 

The nunber oflndl.n arrests has ln=r...ed; hcv.ver, they have 

1953 The P«lod. Thl. 1. especially true .Inc. 

seT ^1 J" "V""" 8 ° f «•""• «» non-lndlan/for Uleg. J 
.el Ing IndUns Liquor. Thl. w.. . major problem 1„ S l..«o» prior 







Table 5 




Indian 


Population, South 


Dakota Penitentiary 


1952 - 1955, where 


Indians constirurp 


o'. total noDulatlon 


of the- State 


Yesr 


Total 


Tnd 1 ans 




1952 


442 


87 


Percent. ae 
19.6 


1953 


443 


113 


25.5 


1954 


447 


141 


31.3 


1955 


47/. 


145 


"•1 



-4- 



Note: "Crimea connected with the c on a imp t Ion of alcohol tc 
beverages account for a majority of Indian arreaca. In the 
municipalities aurveyed ln July of 1956, 92 percent of tha arreeta 
weie for auch offenses. Among the more aartoua crimes with which 
Indians are charged, theft and check violations predominate." 

(From Table 9, p. 44 Father, at al "Indians, Law Enforce- 
ment and Local Government, State University of South Dakota, 1957. 



Farber's publication dealing with Indian criminality ln South Dakota 
Indicates that ratea of arrest and conviction ln that state ar« similar 

to tha national average. 

Two other reports describe Indian criminality. Ont la the published 
•'Hearings before till Sub -commit tee to Investigate Juvenile Delinquency 
of tha Committee on the Judiciary U. S. Senate, "84th Congress, let Session, 
Harch and April 1953. The ahort title la "Juvenile Delinquency (Indian)". 
C.P.O. 1955. At hearlnga held ln Waahlngton, D. C, Phoenix, Arlaont, 
and Palm Springe, California, offlclala of the Bureau of Indian Affalra, 
aa well aa offlclala of varloua Indian tribal governmenta were questioned 
and submitted reporta. Although achedulad aa a atudy of Juvenile Delin- 
quency, the aub-conratttae accepted and puhllahed tha raporte an adult 
Indian criminality when aubmltted. 

Table 6 shows San Carloa tribal court convictions of Apache Indiana 
for all crlmea at a rate per 100,000 population to be elmoat ten t lmea aa 
large us the U.S. national average for all arreate and one-fourth larger 



Table 6 

Ratea of Adult Criminal Court Casea--by Tribe 
(Baee Yeera Are 1953 and/or 1934) 
(From Kearlnge nn Indian Juvenile Delinquency . . . Senate Committee 
on the Judtclery-1953) 



San Carloa Apache (tribal court convictlona, 1954) 
20,1 19 par 100,000 population (for one year) 
741. were alcohol related 

Superintendent estlmstea "at least 951" aa alcohol related 

Jlcarllla Apache (tribal court cases, 1933-1954) 
4,730 per 100,000 population (for one year) 
69% were alcohol related 

Navaho (tribal court esses, July 8, 1933 through March, 1933) 
5,708 per 100,000 population (for one year) 
about 907. reported ae alcohol related 



■5- 



than the national rata for Indian arreata. Both Jlearllla An.ch. and 
N.vaho reported tribal court case, at rate. mo . t^aouole^n. 
national rate, for arreata and more than double th."„d,.n national 
rural rate for .11 tribe, and .,1 crime, a. reported to "."il! On 
£ ZZ:T°7"^:.'*< " aU °" " * al '»hel waa blILd £ 

Table 7 1 lata calculstlone fro. the 1955 "Senate Juv.nll. 
Delinquency Hearings" regarding juvenile. (6 to la ye.ra7.or the two 
Apache tribe, above, the Nav.ho and the ute. of South'" Colorado 
Again the rate, calculated for 100,000 luvenlle. for i J. 

ilcarl, ,a Apache are slmll.r to the over.7n.tlon. ['£ o I, d" '.„ 
arrests. Alcohol was blamed for over half of the caaea! 

nfflclr""^, "a" *™,! < "" e " fr °° DO ' ,8U • C ' *°«""n. Are. Sp.cl.l 
repo" on ' S ' BUr " U ° f '"<"*" *«■'«. from a 

the relationship of alcohol to the criminal activity of 23 trlbee 
of eouthwe.tern American Indians, In 1958. Alcohol la given as a 



Table 7 

Rates of Juvenile Court Caaee--by Tribe 
(Baae years are 1953 and/or 1954) 
(From Hear, on Indian Juvenile Delinquency Sen.te Committee on the 
Judlclary-1955) 

San Carlos Apache (tribal court convictions. 19541 

80% of the juvenile cases (ages 14-18) vera alcohol related 
Jlearllla Apache (boarding and day school esses, 1953-1954) 

13,922 per 100,000 juvenile population (those In school) 
597. were alcohol related 
Na,-aho (tribal court cases, July 1, 1953 through Hatch 1955) 
120 per 100,000 Juveniles, age 6-18 

the "majority" were reported aa alcohol related 
Southern ute and ute Mountain Ute 

18,908 per 100,000 Juventlee, age 6-18 

617. were alcohol related 



Table 8 " 

Branch of Law 6, Order -- United Pueblos Agency 
Covering 18 Tribes of Pueblo Indians and 2 Havajo Communltlea 
From Robinson, Gallup Area Office, 1958) 
1957 Calendar Year 



Under the Influence 
of alcohol 



Male 


Female 


Yes 


No 


Total 


4 


0 


4 


0 


4 


3 


0 


2 


1 


3 


4 


0 


0 


4 


4 



Murder 

Mans laughter 

Rape 



Under the Influence 



Assault with intent 












Co kill 


3 


• 


3 






Us on 


2 




0 


0 


3 


Burglary 




0 


13 


2 


2 


Larceny 


14 


0 


10 


J 


16 


Robbery 


11 


0 


8 


4 
3 


14 

11 


Assault with 1 








jUng*roua weapon 


U 


0 


10 








0 


0 


• 0 


1 

u - a ■ \ 


1 1 


Incest 


0 


0 


0 1 




0 


Drunks nnsss 


113 


4 


117 


» 


0 


Disorderly Conduct 


72 


a 


74 


0 
0 


117 


Faml ly Offenses 


35 


9 


26 


18 


74 

44 


Probation Violator 


2 


1 


2 


Liquor Violator 


S3 


0 


32 


1 
1 


' ' 3 


Contempt of Court 


2 


0 


1 


1 


33 


Assault 


40 


0 


30 




a 


Suicide 


5 


0 


9 - - 


10 


40 


Driving 


18 


0 


18 


0 
0 


3 


Attempted suicide 


5 


1 


4 


2 


18 


Totals 


413 


1? 


• 379 


31 


6 

430 



factor in 60 to 90 parent of the caa... 1 T.bl. 12 ll.t. h„,h , a, 
and non-Indian arra.ta for tno vcar 1957 In ,,T ... I " d1 *" 

vaar £ri„n Iy ;" "'*' tr "* lc »""«"<>". r.cord.d for . fl„.. 

year period, for avaryone from a Colorado School Dl.trlct JZl 
and allotted reservation, .hows the different athnlc rata, of" 
•Ut, to be slmM.r to thoa. e.t.bll.h,d Itov. TM. "no. ' £.1" 

perce^. * l ° *' 2 *" c * nt > s P*"'-h » 6 parent; Indian 18.7 



Table 9 

Arreats, Branch of Law and Order 

Jlearllla Apache Agency 

iq«.a r . j (Fr0m Robln »°n. Gallup Area Office, 1958) 
l«o Calendar Year: 

-7- 



Offenae 


Male 


Female 


Ye. 


. No 




Drunkenness 


76 


13 


99 


0 


89 


Disorderly Conduct 


61 


12 


66 


7 


7> 


Family Offense 


14 


5 


8 


11 


19 


Probsclon Vlolstor 


15 


2 


13 


2 


1? 


Liquor Violator 


24 


2 


11 


15 


26 


As saul ts 


22 


2 


23 


1 


24 


Driving 


3 


1 


4 


V 


4 


Totals 


215 


37 


216 


36 


252 


Percent of Indians 


Involved 


In Criminal 


Activity under 


Influence of 


alcohol -- 857.. 












1957 Calendar Year 


to November 1 , 1957 










Sex 




Intoxicated 


Offense 


Ma 1 L * 


Female 


Ye. 


No 


lot.,1 


Drunkenness 


115 


21 


136 


0 


136 


Juveniles 


10 


2 


12 


0 


12 


Disorderly Conduct 


82 


20 


91 


11 '" 


102 


Family Offenses 


18 


15 


23 


10 


Si 


Probation Violator 


39 


4 


31 


12 


4] 


Liquor Violations 


20 


8 


13 


15 


28 


Assault 


17 


1 


10 


8 


18 


Drlvlna 


8 


00 


6 


2 


» 


Totals 


309 


71 


322 


58 


380 


Percent of Indiana 


Involved 


In Criminal 


Activity uuder 


Influence of 



Table 10 

1957 Major Crime Statistics aa of December 9, 1957 
Navajo Indian Reservation 
(From Robinson. Gallup Area Office, 1958) 



Subject 
Under Influence of Alcohol 



Offense 


Male 


Female 


Ye. 


N? 


Jlf 


No 


Hurder 


8 


0 


13 


0 


0 


0 


Manslaughter 


4 


1 


sY«Mi 


0 




0 


Rape 


15 


0 


14 ' 


0 




0 


Assault with 














Intent to kill 


0 


0 


0 


» •' "'<> , 


0 


0 


Burglary 


6 


0 


2 •' 


, ■•- «.• . 


f a 


If 


Arson 


4 


0 


i . :'. 


0 


* 'J,' ' 


0 


Larseny 


4 


1 


1 >• 


'• ..'•» • 


1 


0 


Robbery 


3 


0 


i-.^t 


. • 0 


;>• ' ' 


0 


Assault with a 














Deadly weapon 


41 


1 


36 


J '•'•« ' ' 


• 6' 


1 


Embezzlement 


0 


0 . 




0 . 


0 


0 


Incest 


1 


0 


- 1 M 


0 . 


•;>J) 


0 



Extortion 


1 


0 


0 




0 0 


0 


Liquor 














Violation 














(possession) 


2 


0 


2 




0 0 


0 


Assault and 














Batter" 


4 


0 


4 




0 0 


0 




93 


3 


83 




9 2 


I 




\ 


1 


\ 




/ 




Total 


96 Subject a 






/ 










85 


und.r Influence of 
alcohol - 










88 


51 
,1 


under Influenza 
.lcohol 





Table 11 



Branch of 




h Order 


* Southern 


Ute 




(From 


Robinson, 


Gallup Area Office, 


1958) 




1956 Calendar Yeer 






















Under 


the Influence 












nf alcohol 


Offense" 


Hale 




Female 


Yes 


Mo 


Total 


Drunkenness 


10 




4 


14 


0 


14 


Disorderly Conduct 


34 




17 


46 


i 


51 


Family Offenses 


6 




6 


B 


4 


12 


Probation Violator 


2 




1 


3 


0 


3 


Assaults 


S 




0 


5 


0 


a 


Driving 


5 




1 


4 


2 


6 


Contributing to 














Del lnquency 


3 




0 


3 


0 


3 


Theft 


2 




0 


0 


2 


2 


Trespass 


2 




0 


0 


2 


2 


Tot-el ■ 


69 




29 


83 


15 


98 • 


Percent of Indians 


Involved 


In Criminal Activity unuer 



influence of alcohol -- 84% 



195? C.t.ndar Year und.r the Influ.nc. ' 







Sax 




of alcohol 




M.le 


Female 


Y.. 


n? 


Trt.l 


offenses 

Drunkenness 


7 


0 


7 


0 


7 


Disorderly Conduct 


7 


2 


7 


2 


9 


Assaulta 


2 


0 


2 


0 


2 


Driving 


2 


0 


1 


1 


2 




2 


o 




j 


? 


Total. 


20 


2 


17 


5 

tlvltv 


22 



Percent of Indiana Involved in Criminal Activity under 



percent or m'it«» — 

influence of a lcohol -- 77.5V , — 

Th.;. v.. no trlb.l ]ud 8 . from January 23 1957 t< , Au.u.t 

I, 1957. .nd th. above figure, do not r.pra.ant all arra.t. lor 
1957. — ==: 



TABLE 12 



Juvenile Arreate--Ctty of Gall up- - 1 957 
(From Robinson, Gallup Area Office, 1958) 



Offense Non 


- 1 nil i, in 


Indian 


— — """T^j^^ 


" p " ~ == 


Disorderly Conduce 


24 


48 


35 


<wfi — 


B & E 


AO 


22 


22 


38.4 


Drunk 


9 


263 


272 


100.0 


Hit and Run 


1 


7 


7 


86.0 


Larceny 


33 


28 


2 


3.2 


School Calls 


35 


40 


73 


100.0 


Assaul ts 


11 


2 


12 


93.0 


Auto Theft 


4 


2 


3 


50.0 


Concealed Weapon 


5 


0 


I 


20.0 


Dettructlon of property 


17 


6 


6 


27.0 


Sex Offenses 


1 


3 


2 


50.0 


Drunk driving 


2 


7 


9 


100.0 


Reckless Driving 


54 


9 


24 


38.0 


Truancy 


28 


23 


17 


32.0 


Runaways 


76 


40 


23 


20.0 


Totals 


340 


500 


510 


60.3 



Total 84p_ 



TABLE 13 

Total Convictions for Traffic Violations, 1956-1960, of Population of 
One Colorado School District by Ethnic Group 
(Source: Colorado State Highway Department) 



Anglo- Spanish American 

American American Indian 



Total Population 


1,240 


921 


659 


Total Offenses 


190 


119 


251 


Total Individuals Convicted 


121 


66 


100 


Convictions per Offender 








(over 5 years) 


1.6 


1.8 


2.5 


Ethnic Group Rate 








per 100,000 population 


3,065 


2,584 


7,618 


Percent Alcohol Connected 


4.2 


7.6 


18.7 


Table 14, calculated from Denver's 


Uniform Crime 


Report and the 


U. S. Census, both for I960, 


Indicates 


that the rate 


of arrests per 


100,000 Indians In Denver is 


higher than the national 


rate of urban 


arrests of Indians. With an 


Indian pop 


rlation of 1,133 In I960, 


there were 679 Indian arrest 


9. If the 


l.tdians arrested were all 



arrested at once, then over half the Indian population would have been 
in jail. We know, however, that some individual Indians, like members 
of other groups, are often arrested several times. For another area I 



-10- 



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connected crlmea higher than the national average and higher than any 
other minority group In the nation. 

As an anthropologist who haa studied the American Indian for thirty 
years, the conclusions expressed above come aa a surprise and shock, and 
will be surprising to many others. Since the last of the Indian Wars aboi 
the turn of the century, the Indiana have been thought of aa a peaceful, 
inoffensive, weak people with some strange customs carried out on reserv- 
ations In out-of-the-way sections of the nation . Indiana have bean 
called lazy, dirty, and drunken by white Americana convinced of their 
own innate superiority, but the adjectives lawless, illegal, criminal, 
or crooktd have seldom If ever been used to characterise then. 

The fact thtit the relative rate of crime of Indiana haa not been 
generally acknowledged may be only a result of their absolutely email 
proportion of the n«tlon--only about a half million, scattered from 
coast to coast and border to border. The fact that the Indiana are 
relatively more criminal and more intoxicated than any other American 
minority group does call for an explanation. Unfortunatoly no easy 
explanation appears in sight. 

Officials and scientlats In South Dakota sought answers to 
similar questions. Fifty pages of their hundred-page report are 
devoted to trying to explain the conditions which might account for 
the higher r*ce of Indian criminality In that state. Some of tha 
possible contributing factors listed were: 

— More Indian women than white women were arreated. (In July 
1956, in one county it was 50 to 1). 

— Indian offenders are younger and have less education than non- 
Indian offenders. 

— Indian offenders are more frequently repeaters than non-Indiana. 

— Indians do not appear to try to avoid Imprisonment aa 
much as non-Indians. 

— Most Indian arrests are made in urban centera, whereas moat 
Indian homes are In rural areas; thus, It is not easy for 
Indiana to "go home" when warned by police officers. 

---Some officers and courts seem to discriminate againit Indiana. 

--Indians commit offences while Intoxicated; a larger proportion 
.of Indians than non-Indians drank to excess. 

In spite of the popular, man-in-the-street dependence upon so- 
called hereditary differences In rate to explain any and all apparent 
differences In lnter-ethnlc behavior, we muet reject out-of-hand 



-12- 



rallance on racial factora to explain Indian criminality. Indian 
rates of arraata and conviction are much greater than their degree 
of racial diet Inct lvanasa . Furthermore, In groaa physical features, 
the American Indian has bean claaslfled ea Mongoloid! thus, If 
behavior were correlated with appearance, Indiana should be most 
similar to tha Orientate, I.e., the Chlneae and Japaneae In the 
United Statea. The Chinese and Japaneae combined number more than 
the Indiana; thutr actual numbara and thalr rates of arrests for 
all offanaea, aa well aa their ratee for alcohol -connected offenaea 
are markedly lower than thoae for Indiana. Thus the ethnic group 
moet similar In site and appearance to American Indiana la the one 
moat distinct from tha Indiana In crime ratee. it hea the loweat 
ratee of crime for all groupa In America. 

The uaual social and cultural condltlone which are found to 
contribute to dlllnquent behavior in the general population, such 
aa poor housing, broken homoa, poverty, diacrlmlnat Ion, aegregatton, 
lack of education, etc., operate among the Indiana. Theaa condition* 
might well account for Indian rates of criminality and exceealve uae 
of alcohol similar to other minority groups such as Spanish-American, 
Negroea, Puerto Rlcans, etc. General aoclal condltlone of the 
Indiana are not aufflclently dlatlnct to account for the unuaual 
rate of arrests connected with the use of alcohol. 

I do not have the answer. It must he sought among the unique 
or unusual conditions to which the Indian* have been aubjected. If 
the reasons for the exceealve uae of alcohol among Indiana could 
be underetood, their excessive crime rete would be understood. 

Indiana alone have bean subjected to aolectlve prohibition 
agatnat uae of alcohol for over a century and a half. From the 
paasage of the general Indian Intercourse Act of 1832 until 1953, 
it was Illegal nationally for Indians to posaess liquor In any form 
any placa. Sines 1953, moat tribal councils, some statee (I.e. 
Utah) and some local communltlea havo continued to try to limit 
Indian drinking by law. Indiana havo never had the opportunity to 
learn the proper everyday, family, self -regulated uae of alcoholic 
beverages. Even on the frontier where liquor was the muchinriaed 
basis for periodic celebrat iona , Indians could never legally drink 
from 1832 to 1953. 

Indians are alao unique In America for being that part of our 
population who for decadea had received millions of dollars for 
sale of thalr landa, yet have never been allowed to manage their 
own affalra and spend their money ae they aaw fit. Although well 
lntentloned for tha welfare and protection of the Indiana, the 
federal policy of wardahip denied the Indians the opportunity to 
manage chelr own affalra. Not only have the Indiana baen aubjected 
to external control of their own funde end lende, but that control 
haa been often Inconsistent , and even capricious. The Inconsistency 
was exprssaad in the changing policies voted by Congress, the variety 



-13- 




allowed by various commissioners and different political adminis- 
trations, and finally by the infinite shades of variation intro- 
duced by local reservation officials while applying the changing 
rules from Washington. 

There is no obvious correlation between Ufa on reservations 
and the excessive rate of arrests of Indiana, mostly in urban 
centers near their rural nomeeteads. It la clear, however, that 
a century of schooling, missionary activity, and other organiied 
effort to make the Indians Into ordinary individual 1st ic law- 
abiding citizens has been s failure. Much study and analysis 
will probably be required before the critical factors can be 
recognized. Inasmuch as the Indians have been closely managed 
for over a hundred years, I believe the policies and procedures 
of that management must be thoroughly evaluated. The American 
people and the federal government must assume the respona lbll 1 t y 
for the sad state of affairs among Indians Insofar as their high 
rate of arrests and convictions are concerned. 

Oner C. Stewart: Ph.D. University of California at Berkeley, 1939: 
Social Science Research Council, post-doctoral fellowship, 1940-41. 
Professor of Anthropology, University of Colorado, Boulder, 1950-. 
Chairman Department of Anthropology. Author of many papera and 
articles dealing with American Indian cultures. 



■14- 



DEPT. OF HEAIT 
EDUCATION AND 
WELFARE 

U.S. OFFICE OF 
EDUCATION 

ERIC 

DATE FILMED 

3-7-68 



522