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
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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 CRIMINALITY

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")

Total

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 83P

"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?
Japanese) »,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

«. Ke8ro rate for c^Lrr^u^-.^ho1:.8118^^ i-
wMchT:rbe%La;:^ctn:ctcehde zrhiza? totai — < »«»-

jroup. Alcohol i. connected Witn :rrest8PorTnHtr8e f°r each ethn«
« frequently as it lo of oriental '"i1""8 tht»«n times

as ofteo proportionately than of t? JaPfln"*> *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 i8 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'tO)

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^e5""^^""1"1" the ><""""»>" •PP"..

Table 4 shows that the oorcentnu* nf 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„ Sl..«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„nIy;" "'*' 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> sP*"'-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 alcohol -- 77.5V , —

Th.;. v.. no trlb.l ]ud8. 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