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Posts tagged indigenous rights
Murdered and Missing Indigenous Relatives (MMIR) Task Force for the Utah Legislature Policy, Best and Emerging Practices, and Current Issues in Utah

By:Jessie Austin, Nicole MartinRogers, Anna Granias, Maria Robinson, and Leticia Risco

Indigenous relatives are disproportionately likely to experience violence, be murdered, or go missing compared to other demographic groups. In Utah, although they make up just 1.5% of the population, American Indian and Alaska Native relatives account for over 5% of all murder victims (Utah Department of Health and Human Services, 2023). In 2020, the Utah Legislature created the Murdered and Missing Indigenous Women and Girls Task Force (renamed the Murdered and Missing Indigenous Relatives Task Force in 2023; MMIR; Utah H.B. 116, 2020; Utah H.B. 25, 2023). The Task Force’s responsibilities include conducting Tribal consultation on issues related to the MMIR injustice, developing model protocols and procedures, identifying best practices related to case investigation and prosecution, and conducting community education and outreach. This report addresses nine key topics of relevance to murdered and missing Indigenous relatives which emerged throughout the research process: 1. Reporting and initial investigation of missing person cases 2. Communication and alert systems 3. Review and investigation of unresolved (“cold”) cases 4. Death investigation 5. Jurisdiction issues and government-to-government collaboration 6. Data issues 7. Victim and family services 8. Prevention 9. Media reporting For each topic, the report presents major findings based on an analysis of the results from interviews with key informants, and listening sessions with family members of MMIR victims and community members in Utah; an inspection of existing federal and state legislation; and a review of relevant research literature. Based on these findings, the report:  Describes the policy context, identifying laws relevant to murdered and missing Indigenous relatives  Provides insight on best and emerging practices, including some protocols for effective investigations  Identifies issues which affect missing persons and homicide investigations related to Native Americans in Utah  Offers recommendations This summary synthesizes the findings across topics and identifies common themes in the report. The full report provides more detailed information, including extensive references. This summary presents the overarching themes that define and perpetuate MMIR injustice in Utah. These themes are based on a literature review, key informant interviews, and listening sessions with family members of Indigenous relatives who are missing or died by murder or other suspicious circumstances and other community members. Each section of the full report explores these issues in more depth.

Salt Lake City: Utah Legislature, 2023. 130p.

MISSING OR MURDERED INDIGENOUS WOMEN: New Efforts Are Underway but Opportunities Exist to Improve the Federal Response

By The United States Government Accountability Office

According to researchers, AI/AN women in the U.S. experience higher rates of violence than most other women, and tribal and federal officials have stated that this incidence of violence constitutes a crisis. Various federal officials and tribal stakeholders have raised concerns about challenges with cross-jurisdictional cooperation and a lack of comprehensive national data on cases. GAO was asked to review the federal response to the missing or murdered AI/AN women crisis. This report examines the extent to which (1) the number of missing or murdered AI/AN women in the U.S. is known and (2) DOJ and DOI have taken steps to address the crisis. GAO reviewed available data on missing persons and violent deaths, relevant reports, and agency documentation, including agency policies and procedures. Using agency data—which were determined to be reliable for location selection— and qualitative factors, GAO selected seven locations to interview federal, state, local, and tribal law enforcement officials; tribal officials; and nongovernmental victim service providers on the federal response to the crisis. What GAO Recommends GAO is making four recommendations, including that DOJ develop a plan for how it will accomplish ongoing analyses of missing or murdered AI/AN women data and that DOJ and DOI both develop plans to implement the requirements in Savanna’s Act and the Not Invisible Act of 2019 that remain unfulfilled past their statutory deadlines. Both agencies concurred with our recommendations.

GAO-22-104045

Washington, DC: U.S. Government Accountability Office, 2021. 68p.

Redefining Missing in the Third Space of Sovereignty: Collaborative Governance

By Melanie Fillmore

This three-article dissertation addresses how Indigenous and non-Indigenous state and non-state policy actors collaborating on Idaho missing and murdered Indigenous persons (MMIP) policy shift the Integrative Framework for Collaborative Governance (IFCG) policy context to the ‘third space of sovereignty’ (Bruyneel, 2007). In a space of competing narratives of authority across time, and space, paper one addresses how Indigenous and non-Indigenous policy actors are shaped by the “drivers” of collaboration. The second paper addresses three key configurations of collaborative governance regimes. The third paper reassesses the scope of Idaho MMIP through a comparison of MMIP cases in 2021 and 2023 as a policy impact. Findings suggest Indigenous policy actors develop consequential incentives, collaborative governance regimes, and assess the scope of MMIP to redefine missing within the‘third space of sovereignty’.

Boise, ID: Boise State University 2024. 179p.

HCR33 Report: Idaho’s Missing & Murdered Indigenous Persons

By Melanie L. Fillmore and Lane K. Gillespie, et al.

House Concurrent Resolution No. 33 (HCR33) was introduced in the Health and Welfare Committee, and passed by both houses of the Legislature in March 2020. HCR33 recognizes Missing and Murdered Indigenous Persons (MMIP) as a crisis in Idaho, designates May 5th as a day of awareness for MMIP, and supports efforts to further investigate incidence rates, underlying causes, and possible solutions through collaborative efforts. Public testimony in support of the resolution came from a diverse group of stakeholders, including legislative sponsors, the U.S. Attorney for the District of Idaho, tribal legal and justice practitioners, and Indigenous advocates. The following passages serve as a reminder of the central role of Idaho’s tribes, and the opportunities and challenges in addressing MMIP.

Missing Persons • Missing persons cases are dynamic and missing persons data may represent individuals or incidents of missing persons. There are more incidents than individuals, as some individuals go missing more than once. Understanding this distinction is important to understanding the impact of MMIP in terms of people and resources. • Idaho’s average missing persons rate is approximately 10.59 per 100,000 persons. The average rate for Indigenous persons in Idaho is 18.99 per 100,000 persons. • A disproportionate percentage of Idaho’s missing persons are identified as Indigenous, as much as 2.1 times their proportion of the population. • Approximately 63% of Idaho’s Indigenous missing persons have been missing for more than 1 year. • Most of Idaho’s Indigenous missing persons are female (75%), in contrast with Idaho’s non-indigenous missing persons of which 28.8% are female. • Fifty percent of Idaho’s Indigenous missing persons went missing as adults and 50% went missing as juveniles. Among non-indigenous missing persons, 61.5% went missing as adults and 33.5% as juveniles. • On average in Idaho, there are 81.6 Indigneous missing persons entries in NCIC each year; and entries for Indigneous missing persons average 3.39% of annual missing persons entries in the state. • In 2020, NCIC entries for Indigenous persons were 3.38% of total entries in Idaho, compared to 1.76% of total entries nationwide. Homicide • Indigenous persons are disproportionately represented in deaths attributable to assault (3.05 times their proportion of the population). • There is variation across homicide data sources in counting potential Indigenous murder victims. • Homicide cases involving Indigenous persons occur in tribal jurisdictions and non-tribal jurisdictions

Submitted to the Idaho Legislature, September 30, 2021.2021. 59p.