Judiciary institutions and violent crime in American Indian nations

Abstract

AbstractIn many American Indian nations the security situation is dire. While scholars have studied how institutions shape economic development in American Indian and Alaska Native (AIAN) nations, the role of AIAN institutions for security and violent crime has received much less attention—despite the extensive literature highlighting the important role of effective and legitimate institutions in the long‐term decline of violence. We analyze how varying types of American Indian polities and judiciary institutions fare in tackling violent crime using data across 146 American Indian polities. Our findings indicate that more autonomous American Indian criminal justice institutions with specialized court systems are associated with lower violent crime. However, customary justice institutions do not appear to be effective in reducing violent crime, highlighting the problem of cultural mismatch between traditional and formal justice systems. We argue that analyzing AIAN nations provides important insights into how institutional legitimacy can shape violent crime.