evidence: The criminal justice system continues to incarcerate Black people and other people of color, despite making up a lower national population, at higher rates than White people. American Indians and Alaska Natives were incarcerated at nearly 40 percent higher than the national average. In Montana, Native people make up to 34 percent of the state prison population according to a report titled, "Over-Incarceration of Native Americans: Roots, Inequities and Solutions."