Native American Youth In The Juvenile Justice System

Tribal/Native-American Youth
American Indian and Alaskan Native (AI/AN) youth face unique challenges when they
come into contact with the juvenile justice system. Unlike the majority of youth charged
with delinquency offenses and prosecuted in state courts, AI/AN youth may be
prosecuted in three distinct justice systems: federal, state, or tribal, and are subject to
transfer to adult court within any of these systems.
All youth in federal and state courts—including American Indian and Alaskan Native
youth—are entitled to due process protections under the Fifth Amendment, including the
due process right to counsel afforded by In re Gault. However, under the well-settled
principles of tribal sovereignty, the constitutional rights and due process protections that
afford indigent defendants a right to counsel in the United States do not apply to
American Indian and Alaskan Native youth prosecuted in tribal courts.
Juvenile defenders face distinct challenges and must consider unique strategies and
approaches to provide culturally competent, effective, ethical, and high quality
representation to AI/AN youth. Defenders play a vital role in ensuring AI/AN youth who
enter the juvenile justice system are treated fairly and protected from further harm within
the system, or abuses of power by judges, prosecutors, probation officers, detention
staff, and other system players. Defenders must work to reduce disparities, connect
resources, locate services and alternatives to incarceration, and ensure meaningful
access to counsel for AI/AN youth.
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