Making Red Lives Matter: Public Choice Theory and Indian Country Crime

American Indians are victims of violence at higher rates than members of any other racial group. Nevertheless, Indian victims receive little media attention. Aside from the prevalence of violence against Indians, the violence is unique because of the rules governing Indian country law enforcement. Tribes, absent compliance with federally mandated procedural safeguards, cannot prosecute non-Indian criminals. While state or federal law enforcement have jurisdiction over reservation crimes involving non-Indian perpetrators, they often fail to respond. Hence, non-Indians know they can target Indians with little fear of reprisal. This Article argues the rules governing Indian country crimes were not designed to benefit Indians, and tribes should consider civil disobedience as a means of changing federal Indian law. In particular, this Article suggests tribes consider violating Supreme Court precedent by prosecuting the non-Indian criminals state and federal prosecutors fail to pursue.