Bush Justice Report

     The first objective study of criminal justice operations in the rural, largely Native villages of Alaska was commissioned by the Criminal Justice Planning Agency last year and was conducted by Dr. John E. Angell of the Criminal Justice Center of the University of Alaska, Anchorage.
     In the resulting report submitted to the Governor's Commission on the Administration of Justice Dr. Angell concluded:
     1. Residents of the Bush village [sic] face a greater risk of accidental death or injury, fire, homicide, suicide, rape or aggravated assault than residents of urban areas.
     2. The state has failed to provide equal protection to Bush village residents regarding public safety and justice services.
     3. The Bush remains largely invisible as little meaningful data is collected from the Bush villages to adequately identify and assess the problems faced by Bush village residents; and what data that is collected is often "submerged" with other data and becomes indistinguishable.
     Dr. Angell detailed his findings and submitted a series of recommendations of actions to be taken to address the conditions he reported in his study. (See Alaska Justice Forum, April 1979.)

     Most of what Dr. Angell reported was not new to those familiar with the Bush villages of Alaska, nor did it fill the void created by the absence of adequate data collection from these villages.
     But, as a result of the study Dr. Angell said, "It is very clear that the state must undertake a systematic collection of information and data concerning the Native villages before the state can adequately address the problems which exist in the villages."
     The report was based on a survey of 56 villages throughout the state, including interviews with village officials and village residents. The study was intended to include a greater number of villages, but was hampered by transportation and communication problems which are indicative of the problems faced by the state and illustrative of the isolation of the villages.
     Within the limitations of the study Dr. Angell provided the following information on the villages studied and Bush Justice activities: Community Profile; Custom, Law and Crime; A Perspective on Justice Services; Police Services; Legal and Judicial Services; Prisoner Detention and Corrections; Observations and Possible Actions. (The latter was summarized in the Alaska Justice Forum, April 1979.)

Community Profile

     The Native villages are small, ranging in population from less than 100 to over 1,500. They are isolated from each other and from larger commercial centers by distances of 100 to 300 miles.
     Dr. Angell distinguishes these villages from the larger commercial centers such as Dillingham, Bethel, Nome, Kotzebue, Barrow and Ft. Yukon which do receive a measure of justice services under the rubrick [sic] of "Bush Justice," which are not available in the Native villages.
     Most of these villages have come into existence only during the past 50 years, usually to take advantages of a good location for subsistence hunting and fishing.
     There are virtually no road connections between the villages and the only means of transportation is by riverboat, aircraft, or snowmachine in the winter.

Available Services

     Most of the villages do have electricity, but no sewage or garbage disposal system. Many of the villages have at least one telephone, but it is often inoperative and emergency communications is accomplished by radio or a scheduled weekly mail plane.
     Most do not have any organized means of fighting fire, or even a fire extinguisher.
     Most villages do have an elementary school teacher and a health aide. Twenty-five per cent of the villages do not have even one village police officer. Where officers are, they range from one or two part-time or volunteer officers to four or five full-time officers. One village had 12.
     Less than half of the officers had received any training under the program ^ conducted by the Alaska State Troopers. (See Alaska Justice Forum, February 1979.)
     Most were poorly paid, some as little as $65 a month and the average was $837 a month. As a consequence the turnover rate is extremely high, as much as 120 per cent in a year.
     Sources of village income for these and any other type of services are primarily revenue sharing and CETA, and the average per capita annual expenditure by the villages was about $100.

Economic Opportunity

     Dr. Angell reported that only about 18 per cent of the village residents have income producing jobs as a primary means of support, and that was nearly always some type of government employment.
     It is not surprising, therefore, that about 50 per cent of the village residents are dependent upon subsistence hunting and fishing, a decline of only 15 per cent in the past 10 years.
     Village residents also say they believe that more people are now dependent upon welfare or their relatives for support than 10 years ago.

Population Imbalance

     One of the most significant findings Dr. Angell made concerning the community profile is the population imbalance of the Bush villages. It is a situation which has serious implications for the future of the villages, the village residents and the criminal justice system.
     Dr. Angell reported that 53 per cent of the village residents are under 19 years old, and about 40 per cent are 14 or under.
     There are, therefore, disproportionately fewer adults between 30 and 60 to provide guidance and supervision for the children—about 16 per cent between 30 and 49 and 8 per cent between 50 and 64.
     The village residents interviewed reported that family and community ties are breaking down, that the young people are learning neither the traditional subsistence skills of their parents nor "white man's ways," and that alcohol and drug use is increasing, particularly among the young people.
     Dr. Angell said this could result in increasing conflict between the young and the old in the villages, and that an increasingly heavy burden will be placed on the older residents to support them by subsistence means. He also said the juvenile delinquency is likely to be an increasing problem in the villages with consequences for the villages and the criminal justice system.

Custom, Law and Crime

      In spite of the long-established governmental policy to replace traditional law ways and social control practices of Alaskan Natives with the Anglo-American justice system. Dr. Angell reports this has not occurred.
     He reports that not only have the traditional law ways and social control practices persisted, a hybrid system has been developed in which the Anglo-American system has been utilized to accomplish the purposes of the traditional law ways.
     An example is banishment.
     This is a serious action undertaken by some Native groups only if a person has committed a serious offense, or whose continued disruptive conduct creates a threat to the village.
     Since the turn of the century the Revenue Cutter Service, the Marshal's Service and the Alaska State Troopers have been utilized as agents of banishment. In one Yupik dialect the word for state trooper describes him as "the man who takes away."
     But, this is no longer working for the satisfaction of the villages.
     Troopers frequently report they are called to a village to remove an offender and are told of a list of offenses which have occurred over a period of months or even years—and there is nothing the troopers can do.
     Dr. Angell believes this is also a source of criticism of the Alaska Court System frequently voiced during the course of the study.
     He explains that frequently a person is taken from a village for a particular offense, but returns on the next scheduled flight after being released by the court on his own recognizance.
     The village thought the man was being removed as the end of a process of banishment, usually because of repeated misbehavior, but for the court system it was the beginning of the process of adjudicating a single event.
     This is but one example of the conflicts that arise from the juxtaposition of the Anglo-American justice system and the various Native law ways. A problem that was better perceived by Native villagers than representatives of the various state criminal justice agencies.
     Dr. Angell stated that village residents believe agents of state justice systems do not understand the traditional customs, mores and law-ways of Native Alaskans and these agents are at a disadvantage in understanding Native behavior and in cooperating with local Native communities.
     He said that since Bush Justice is partially the result of the influence of traditional Native ways, it is logical that non-Native criminal justice personnel should thoroughly understand and appreciate the traditional ways of their clientele. This would help justice agents to better understand behavior, which might otherwise appear irrational, and the agents would be in a better position to avoid conflicts that arise from cultural differences. Dr. Angell said justice agents would then be in a better position to encourage the use of traditional social control methods in conjunction with or as alternatives to Anglo-American methods.
     He reported that nearly all village officials interviewed said that non-Native criminal justice personnel assigned to rural areas should have a thorough understanding of the traditional customs of the people and of their contemporary problems.
     The village officials believed that the only criminal justice representatives who understood Native culture and contemporary problems were the village police officers and the magistrates—people who resided in the Native villages.
     The area of greatest conflict between Native villagers and the state or the federal government was in the area of fish and game regulation.
     This was understandable. Dr. Angell said, because of the continued dependence ^ on subsistence hunting and fishing by Alaskan Natives.
     Dr. Angell said it is the belief of Alaskan Natives that they are not given appropriate consideration in the promulgation of laws, policies and regulations.
     He said the changes they advocate would require changes in the philosophy of fish and wildlife policy making.
     Regulations tailored to the biological and environmental characteristics of the species rarely reflect the biological and environmental characteristics of Alaskan Natives for whom survival is also at stake. Dr. Angell commented.
     Among the comments of village officials he recorded were:
     "People have a lot harder time now that there are fish and game laws. They look at food stamps, public assistance and other sources of food. This has hurt the Native pride of living.
     "Families run short of food toward the end of winter. Fish and game laws do not permit people in dire need to hunt waterfowl.
     "Emphasis is on trophy hunting and thrill sports instead of subsistence hunting and fishing. Fish and wildlife should not sacrifice subsistence hunting for benefit of trophy hunting.
     "State does not understand subsistence way of life.
     "Most of the older people have no taste for white folk's meat. The prices are too high on meats. Large families have small chance to get wild meat. Give local people at least some permits to hunt.
     "... families are starving who need the food these laws prevent them from receiving."
     Most village officials believed the local villages should be involved in the establishment and enforcement of fish and game regulations.
     Those interviewed living on the upper Yukon said the quotas are not respected by the people downstream and that the quotas should be lower at the Yukon mouth so more fish would be available for subsistence people upstream.
     Most of the people interviewed said regulations would ensure the livelihood of people who have relied on wildlife for survival and who have few other options for survival.
     Dr. Angell reported that the people interviewed during the course of the study were nearly unanimous on this subject and that they seemed to be making a plea as much as a demand.

Crime and Public Safety

     Although it appeared that village residents suffered a high rate of crimes of violence and juvenile delinquency, based upon the self reports of the people interviewed; Dr. Angell reported most of the people interviewed said unemployment and economic problems, alcohol and drug problems were the most serious problems in the villages.
     These far outstripped problems of crime and delinquency, lack of community services and social, health and population problems.
     But, Dr. Angell said there is a good possibility that all of these problems are so closely interrelated that they must be addressed together, rather than independently. He said the village officials viewed the solution of the economic and alcohol problems as being directly related to the solution of the crime and delinquency problems.
     He said the village crime rates for some violent crimes are several times those of Alaska as a whole, but that a true picture cannot be drawn because present crime data processing makes Bush villages indistinguishable from the urban suburbs of the state.
     Based on the self reports of the people interviewed, he said it appears that the rates of homicide, rape, robbery and aggravated assault are greater than in Anchorage.
     But, these and events of community terror go unreported and unnoticed.

Perspective on Justice Services

     Dr. Angell said there is no absolute standard for evaluating justice services in the Bush; and even under the best of circumstances it is difficult to draw conclusions about the quality or effectiveness of justice operations.
     "The problem," he said, "stems from the fact that the two systems are not equally viewed nor viewed as equal. . . . Based on the information available in official reports and records it is impractical, if not impossible, to compare the justice situations in rural Native communities with those in non-Native commercial .centers of the state. Information about the Native communities is either not reported or is obscured by its submergence within data from other areas.
     "The problems of rural Native communities cannot be recognized, much less solved, until systematic approaches for the collecting and processing of information are instituted. This study is no substitute for such a system. But if the crime and justice situations in Native communities are to be sufficiently illuminated for problem identification, planning and policy development, continuous data reporting and processing arrangements will have to be established.
     He concluded that, "Alaska has two separate and unequal justice systems. The system which exists in the commercial population centers of the state is highly articulated, readily identified, staffed, funded, and extensively managed. Its problems are reasonably well documented, although not completely solved.
     "The system in the rural Native communities of the state is invisible. It is invisible because data concerning its operations are infrequently accumulated and it has not been the subject of the kind of scrutiny given the urban system.
     "Due to the dearth of information about the Bush justice system, its problems are difficult to identify and comparisons of its efficiency and effectiveness with other justice operations have not been previously done. All people of the state cannot be assured of even relatively equal protection and services unless this situation is changed."

Services

     The communities studied during the course of the survey were not able to receive emergency assistance within a reasonable time. Means of communications were primitive if not lacking. Telephones in the villages which had such, were often inoperative. Village police officers and other officials reported they have spent hours attempting to summon help from outside the village by radio and on some ^ occasions had to wait for the weekly mail plane.
     Even then response would be delayed, on occasions for days and even weeks. Sometimes there was no response at all.
     The problem was one of both distance and available means of communications which Dr. Angell said must be upgraded substantially.
     He reported that response time to emergency communications ranged from one-half hour (seven per cent of the calls) to more than a week (10 per cent), and 47 per cent of responses were made within one to three days.
     The village officials interviewed expressed considerable desire for frequent visits by representatives of the criminal justice agencies of the state, primarily for the educational value for the village councils and village residents.
     Several commented that the village residents do not understand the law, nor the operation of the criminal justice system. Many believed the district attorneys, public defenders, judges and state troopers should travel to the villages and discuss the law with the people.
     Many believed the criminal justice representatives do not understand the problems of the villages or the methods of the villages for handling crime and deviancy problems. They believed more frequent visits would also improve the understanding of the criminal justice personnel and temper their exercise of discretion.
     Few village residents reported seeing either a district attorney or public defender in their villages, although troopers reportedly visited the villages on the average of once a month. Fish and Wildlife Protection Officers were seen only when they came to a village to arrest someone. Village residents also reported the lack of fire protection services, although it is believed that the villages suffer the highest per capita fire loss in the country.
     They also reported a lack of recreational and other services for young people.

Police Services

     Dr. Angell reported there is a conceptual distinction within the Native villages between the Alaska State Troopers and the village police officers, with the village officers viewed as supplemental to the troopers.
     In most villages the village police officers provide a wide variety of services ranging from carrying water for the village elderly and ill, to eliminating roving dogs and supervising people performing work assigned by the village council for some misconduct.
     They also handle emergency situations such as missing children, suicides, accidental injury and disorderly behavior.
     But, while village police officers handle initial procedures following serious criminal incidents, the prisoners and the investigation are turned over to the Alaska State Troopers who continue the investigation. It is a situation which does not occur anywhere else in the state or in the nation.
     Seventy-three per cent of the reported activities of village police officers is noncriminal, Dr. Angell reports, and only one per cent of the total activities of the village officers involve felonies.
     But Dr. Angell reports that in the Bush villages the priority was expressed as: 1) patrol the community, 2) prevent crime, 3} protect the public, 4) keep the peace, and 5) respond to emergencies.
     In about half of the villages studied, the village police officer did not carry a handgun. A badge was respected as the symbol of authority.
     The village officer was expected to handle most problems with a minimum exercise of authority and force. If an individual committed an offense, the village police officer was expected to proceed through a series of steps. In most cases the offender was warned. If the offense was repeated the warning was followed by an appearance before the village council or the entire village.
     Only after repeated efforts by the community to get a person to correct his behavior, or after serious offense, was a trooper called to remove the person for prosecution within the court system.

Village Police Profile

     About 75 per cent of the villages studied had at least one part-time village police officer.
About 79 per cent of those with a local police officer had one or more full-time officers, and 21 per cent had part-time or volunteer officers.
     Salaries ranged from $2,200 a month for the North Slope Borough Public Safety Officer to $65. The average was $837 a month.
     Frequently even these salaries were not paid, and most are presently in jeopardy as most are paid by CETA program.
     About 30 per cent have other part-time jobs, and most depend on subsistence hunting and fishing along with the other village residents.
     About 51 per cent of the village police officers have no training or advanced education.
     Only about 20 per cent of the village police officers have held their position for more than a year and the turnover rate is reported to be as high as 120 per cent a year. Dr. Angell reported that the villages with a relatively stable source of revenue seem to have more stable employment of village officers.
     In over half of the villages the officers were expected to operate from their homes which also means that on occasion the officers must house drunks, and disorderly people, dangerous people, in their homes subjecting their families to abuse, obscene language and threats.
     Some villages did not even have paper on which to record police activities.
     Village police officers were expected to provide emergency medical assistance in most villages, but only about 10 per cent of the communities studied had any type of first aid supplies.

Village Police Needs

     The village police officers listed their needs as handcuffs, reporting materials, ammunition, an office, a holding cell for offenders, emergency communications equipment, salary and training.
Several village officers reported having to use adhesive tape to hold violent and disruptive persons—something that appears to have been suggested as an alternative in a village police training program some time in the past.
     The magistrates and others interviewed during the study believed the needs of village police officers included training in the laws, report preparation, and arrest procedures. ^
     The health aides said the village police officers should receive training in emergency medical procedures as the officers share responsibility with the health aids for emergency treatment and evacuation of injured people. This is especially important. Dr. Angell said, because of the high accident and attempted suicide rates.

Legal and Judicial Services

     Dr. Angell reported that the legal and judicial services of the state are the least understood component of the criminal justice system.
     The village police officers said the district attorneys seem to have a preference for working with the Alaska State Troopers, and neither prosecutors nor public defenders visit any of the villages except for trials.
     The magistrates were generally held in high regard and they appear to play a major role in the judicial processes of the villages where they are located.
     While the village councils play the primary role in handling routine, less serious offenses, such as violations of village codes of conduct, the magistrates handle violations of state statutes.
     The magistrates, like the village police officer, are called on to provide a wide variety of services. It is not uncommon for them to serve as law enforcement officers when called on to respond to disturbances or disputes within the community.
     In describing her duties one magistrate wrote:

Magistrates are expected to be on call twenty-four hours a day for any problem that might arise; including being called out in the middle of the night for a homicide, suicide, breaking up brawls and seeing that drunks are taken home because they are annoying someone. This includes sitting up and babysitting him, making coffee and otherwise trying to get him sober enough so you will know he will not go back into the village again. People expect you to make out all types of forms... I can't think of anything a magistrate is not expected to do.

     About the only major criticism of the magistrates was lack of accessibility, and the magistrates themselves complained of the lack of funds to travel to other villages besides where they live.
The magistrates were described by village officials as being knowledgeable in the law, considerate of people and respected by the people.
     But of the court system itself, problems were reported in language and cultural differences, district court cases were slow, and prisoners were released without any explanation to the villages.

Legal Operations

     Most community officials could not recall seeing a state attorney in their village except when working on a specific assignment.
     Most villages did not seek legal advise from a district attorney regarding a criminal matter but turned to the Alaska State Troopers or a magistrate.
     Dr. Angell said it was apparent that it is the troopers who have been most influential in improving village understanding of the state's justice system, and in advising the villages to replace their informal rules with ordinances. This was a service not being provided by state-employed attorneys.
     Nevertheless, village officials said they would like to see regular visits by district attorneys, public defenders and others to explain the law and its enforcement.
     Both prosecutors and defense attorneys were criticized for not being adequately prepared in advance of trial. One commented:

There is something wrong with a system which allows a defendant to come into court for trial and meet his counsel for the first time.

      A number of magistrates commented that the public defenders in particular were overloaded.
The magistrates also expressed caution in integrating the Anglo-American system with the traditional methods and customary practices of the Native communities. They urged more training in legal areas for village police officers, and expressed disappointment that village police officers were not more aggressive in enforcing laws.
     They were critical of attorneys and higher court judges for not being more familiar with the Native people and their customs, for not visiting the villages more often, and for not handling trials in the rural communities better.
     Dr. Angell observed that while many of the people interviewed indicated a lack of information about the operation of the state criminal justice system, they expressed a desire to have more contact with criminal justice officials and for more support from them.
     In particular, they were interested in cooperating with state agencies in dealing with community problems. They also want information about the laws of Alaska and how the laws and criminal justice procedures might be used to improve the quality of life in the villages.

Prisoner Detention and Corrections

     The primary problems expressed by village officials in this area were: 1) the inadequacy of available detention facilities, and 2) the lack of parole and probation support following a convict's release and return to the village.

Detention

     About 48 per cent of the villages studied did not have any type of detention facility. Where detention facilities did exist, they were mostly reported to be in fair to poor condition, usually without heat, toilet facilities, or organized means to feed the prisoners.
     Often relatives or the police officer are responsible for feeding prisoners, or the prisoner is "... released twice a day to go home for meals."
     As previously reported, prisoners were often held in the home of the village police officer.
     The most common reasons for placing a person in jail were: 1) drunk and disruptive, 2) protective custody, 3) assault and battery, and 4) criminal offense.
     Even in the villages with some type of detention facility, there was no means of segregating juveniles from adults, or male from female prisoners.

Probation and Parole

     The area of state correctional operations which was of the most pressing interest to village officials was the state's ^ probation and parole operations.
     The village officials reported that convicted offenders were returned to the tillages without any information given to the community regarding the person's status with the Division of Corrections.
Many of these people were viewed as a continuing source of crime.
     The village officials said that if information was provided by state probation and parole officers, this would help in dealing with repeat offenders.
     The village officials also expressed criticism of the infrequency with which probation and parole officers contact the villages. This was viewed as a significant problem throughout the state and was the second most frequently mentioned method of improving corrections in the villages.
     Dr. Angell said in his conclusions on this subject that there is support for local control and operations of correctional facilities and activities, particularly in regard to minor offenders. At the same time there are indications that local corrections are beyond the means of many communities, and there is a feeling that the state should provide support for at least the construction of detention facilities and the hiring of local personnel to serve as detention officers.
     A majority of village officials indicated a preference for decentralization of state institutions where serious offenders are housed to permit closer contact between the offenders and their friends and relatives. This was to help keep institutionalized people in touch with their community and working to reintegrate them back into the community at the end of their sentence.
     The second most frequent criticism of Alaska correctional operations was the inactivity of probation and parole officers in relation to the Native villages. There was strong feeling that the people returning to the communities were continuing to create problems, and it was believed that the villages should be provided information about the returning offenders which would help the villages in dealing with these people.
     It was also believed that probation and parole officers should visit the villages on a regular basis, at least monthly.

Conclusions

     Dr. Angell said in the conclusion of the report:
     "The information accumulated during this study leaves little room for doubt—the state government and particularly state-level justice officials need to take a more active role in working directly and closely with rural Native communities to define and address rural problems related to public safety. . . .
     "The level of support services currently being provided for these communities and their residents are neither equal to those performed by the state in urban areas of the state, nor. . . sufficient to meet the standards which citizens of American society have a right to expect.
     "In spite of the fact that the people living in the rural communities chose to reside there and may feel more secure than they do in the unfamiliar environment of a large city, the hazards to their lives and limbs are greater than are the dangers in urban areas of the state. The injury and death rate for accidents are higher, the homicide rate is higher, the rape rate is higher, the assault rate is higher and the suicide rate is higher.
     "Because of general inattention to these facts, there is little appreciation of the serious differences in danger to citizens that exist between urban and rural communities of the state.
     "Despite the difficulties and in some instances costs involved in providing adequate emergency services and justice support in the rural areas, the current d iscrepancies between the levels of government protection and services in urban centers and some aspects of social control in rural communities must be changed, for humanitarian reasons. The concept of equal protection of law should be observed at least to the point of providing some minimum level of service.
     "The need for changes in rural communities should not, however, be viewed as providing a license for trampling the existing social order of Native communities. These citizens have a right to their beliefs, and in so far as humanly possible, to maintain traditional lifestyles which are integrated with a social ordering system. They have worked at developing hybrid social control systems from their traditional methods and the Anglo-American methods of the state, in part to ensure the preservation of their lifestyles. Future changes must continue to reflect respect for their rights and preferences."