Document Type

Article

Publication Date

2017

Abstract

In this essay, Professor Rolnick uses the three themes of racism, jurisdiction, and tribal sovereignty to provide a snapshot of the juvenile justice system in South Dakota as it impacts Native youth. First, she describes the tribal juvenile justice systems in the state. She argues tribal systems should rightfully play a central role handling Native youth offenders, but they are underfunded and may not therefore be sufficiently responsive to young offenders' needs. Second, she examines the impact of federal power over youth on reservations in South Dakota. Specifically, federal juvenile jurisdiction, as well as federal financial and administrative power, can interfere with tribal jurisdiction, complicating the possible consequences and protections that should be available to Native youth. Finally, Professor Rolnick describes the state and county juvenile justice system in South Dakota, where Native youth have long made up a disproportionate share of children who are arrested and incarcerated.

Publication Citation

62 S.D. L. Rev. 705 (2017)

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