This study examines the factors that influence the use of declination powers by U.S. Attorney Offices (USAO) in Indian Country (IC) cases. The research aims to shed light on the tribal law enforcement factors that influence the actions of USAOs in IC cases. The study utilizes the “National Caseload Data” to identify crimes that occurred in IC and whether the USAO declined to prosecute a case. The findings suggest tribes with larger law enforcement forces and external funding to improve their criminal justice system have significantly lower rates of declination. The study also examines the effects of the Tribal Law and Order Act (TLOA) on the rates of declination of IC cases. The findings suggest there are clear differences in these effects as a function of the passage of TLOA. Overall, this study contributes to the ongoing discourse on the challenges and opportunities in the criminal justice system in IC.
