Document Type
Article
Abstract
As artificial intelligence (“AI”) has become increasingly integrated into everyday life in Indian Country and into governmental functions, including policing, courts, and corrections, it is creating new circumstances that can undermine tribal sovereignty. The 575 federally recognized Tribal Nations are under significant pressure to maintain their sovereignty while adapting to new AI-based technologies. With the implementation of AI, tribes should retain control over how it is used to benefit their communities, without compromising their legal rights or well-being, particularly in light of past harms caused by inadequate legal protections that allowed technological developments to damage tribal health, environments, economies, and cultures. This Article examines current circumstances and proactive approaches to AI governance, focusing on ways lawmakers can ensure that future policies benefit tribal communities in the criminal justice system.
DOI
https://www.doi.org/10.70657/SDLR.V71.I3.676
Recommended Citation
Kevin A. Brown,
Artificial Intelligence, Tribal Sovereignty, and the Criminal Justice System,
71
S.D. L. Rev.
676
(2026).
Available at:
https://red.library.usd.edu/sdlrev/vol71/iss3/16