Abstract

Excerpted From: Karly L. Fisher, Mugshots in Oklahoma: Stigmatizing Native American Individuals and Communities, 60 Tulsa Law Review 243 (Fall, 2024) (431 Footnotes) (Full Document)

Imagine walking into your local gas station and seeing your mugshot on the front cover of a newspaper. To make matters worse, would you want to be labeled a “Jailbird?” Jailbirds, known as “Oklahoma's #1 Mugshot Tabloid,” is a monthly newspaper that publishes mugshots of everyone arrested in rural Oklahoma counties. Law enforcement agencies primarily use mugshots as an administrative tool to capture physical characteristics. Now, however, mugshots are readily reproduced on websites and in newspapers, causing public humiliation, racial profiling, and discrimination to those whose faces appear in them. Although this practice is troublesome for many Oklahomans due to the predatory nature of mugshots, the publication and its wide distribution of mugshots enhances discrimination against Native Americans, which is particularly problematic in Oklahoma due to its large Native American population. Citizens of Oklahoma, especially minorities and Native Americans, would be well-served if the Oklahoma Legislature regulated the indiscriminate publication of mugshots to reduce any actual or potential prejudicial effect it may have on arrestees.

Part II of this Comment will discuss how mugshots contribute to racial profiling among Native Americans. Many states have taken legislative action against publishing mugshots because publications such as Jailbirds promote racial biases and serve little to no value to society or the government. This part also discusses Oklahoma laws regulating mugshots and the relationship between mugshots and Oklahoma's incarceration rate, which is higher than any other state.

Part III discusses the historical and current tension between Oklahoma and the various tribes located in Oklahoma. The Supreme Court decision in McGirt v. Oklahoma confirmed tribal reservations exist in Oklahoma, halting the state's unlawful exercise of law enforcement power over Native Americans in certain circumstances. Oklahoma Governor Kevin Stitt's recent comments opposing tribal sovereignty fueled tension between state officials and Native Americans. Ultimately, Native Americans in Oklahoma suffer from the resulting tension between the state and tribal sovereignty.

Part IV argues that the Oklahoma Legislature should prohibit fees to remove mugshots and consider the ethical lines that mugshot companies, websites, and publications cross. Oklahoma can better protect Native Americans, who comprise sixteen percent of the state's population, by prohibiting fees to remove mugshots and restricting editorial freedom.

[. . .]

Across the country, many state legislatures, newsrooms, and media outlets have recognized the problematic nature and adverse impacts arising from mugshots. However, Oklahoma has yet to recognize how detrimental mugshots are to its citizens. Whether it be racial profiling, removal fees, or extortion, public mugshots cause harm. Yet “Oklahoma's #1 Tabloid,” Jailbirds, causes even more harm than typical public mugshots. Indeed, these mugshots likely contribute to Oklahoma's high Native American incarceration rate due to racial profiling within Oklahoma's many Native American communities. Relations between Native Americans and the state of Oklahoma also contribute to the harm that mugshots cause. When state leaders criticize Native individuals and communities, law enforcement has no choice but to listen. Thus, it should not be surprising that state law enforcement officers target vehicles with tribal tags. Intentional targeting may lead to other consequences, like arrest, and eventually their mugshot published in Jailbirds.

Jailbirds presents a unique issue within Oklahoma because of its impact on economic and employment opportunities for Native Americans. When Jailbirds circulates around rural communities, misconceptions about Native Americans and crime are the result. Ultimately, to reduce discrimination among Native Americans, it is “essential to inform policies” to limit economic disparities. This could come from “stronger discrimination laws” and “efforts that seek to reduce discriminatory attitudes or behaviors.” Thus, the Oklahoma Legislature should address this unique criminal justice issue to protect all citizens, especially its Native American population.

Karly L. Fisher is a Cherokee Nation Citizen, a Juris Doctor Candidate at The University of Tulsa College of Law, and currently serves as an Articles Selection Editor for the Tulsa Law Review.