Credits

Editor

Sean Breslin

Photo Editor

Ken Billington

Designer

Ashley Zuelke

Web Designer

Chase Doak

Blackfeet

Reporter

Chris Arneson

Photographer

Russel Daniels

Crow

Reporter

Charles Pulliam

Photographer

Shane McMillan

Flathead

Reporter

Allison Maier

Photographer

Rita Rieffenberger

Fort Belknap

Reporter

Jesseca Whalen

Photographer

Stefanie Kilts

Fort Peck

Reporter

Kayla Matzke

Photographer

Adrienne Barnett

Northern Cheyenne

Reporter

Carly Flandro

Photographer

Sam Andresky

Rocky Boy's

Reporter

Kelsey Bernius

Photographer

Letty Hingtgen

Urban

Reporter

Nate Rott

Photographer

Hugh Carey

Advisors

Carol Van Valkenburg
Jeremy Lurgio

Archives

About the Project

On the seven Montana Indian Reservations, complex jurisdiction issues can complicate law enforcement, sometimes creating gaping holes in the justice system that allow criminals to remain free for years, or even go unpunished.

It has important social consequences because, according to data compiled by the U.S. Justice Department, violent crime among American Indian populations is higher than for any other ethnic group in the United States and more than double the national average. Montana is no exception.

But in Indian Country, finding justice is no simple task. On six of Montana's seven Indian reservations, serious offenses fall under the authority of the federal government. Major crimes are investigated by the FBI or the Bureau of Indian Affairs, prosecuted by the state's U.S. attorney, and tried in federal courts.

One study found that more than half the cases from Indian country referred for prosecution are declined. U.S. Attorney Bill Mercer, like other U.S. attorneys nationwide, won't release information about how many cases his office handles or declines. He does note that among cases referred to his office, his staff finds that in one-third of the referrals a crime did not occur, and in two-thirds of the cases there is not enough evidence to prosecute. Still, he doesn't deny there are flaws in the system.

"People who don't live on reservations don't have any idea what the problems are," he said.

Holes in the justice system have created anxiety on the reservations. Tribal members distrust federal investigators, whom they see as uncaring, but also complain that tribal law enforcement and tribal leaders are inept or corrupt. They worry about the feds infringing on their sovereignty, but rely on the Bureau of Indian Affairs to fund their law enforcement.

In this publication you'll see stories that illuminate some of the problems: Inadequate investigations, overwhelmed staff, improper interference in legal cases and complex issues of sovereignty and jurisdiction. There are also stories of people striving to make the system work.

People affected by crimes want justice. But just what justice is, or how to achieve it, isn't always clear.

Acknowledgements

The Native News Honors Project is reported, photographed, edited and designed by students at the University of Montana School of Journalism. This is the 19th annual edition.

The School of Journalism acknowledges the advice and instruction for this project provided by Maylinn Smith, director of the Indian Law Clinic at the University of Montana School of Law, and William Mercer, U.S. Attorney for Montana.

If you have comments about this series, we'd like to hear from you. Write to: Native News Honors, School of Journalism, 32 Campus Drive, University of Montana, Missoula, MT 59812, or e-mail us at carol.vanvalkenburg@umontana.edu, or jeremy.lurgio@umontana.edu

Download the project PDF (52.4 MB)