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Tribal Control in Federal Sentencing
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“Though tribes may have concurrent jurisdiction over Native American defendants in mandatory and optional PL 280 states and jurisdiction over non-Major Crimes offenses in non-PL 280 states (as well as Major Crimes that federal authorities might choose not to prosecute), in practice tribal courts in such areas tend to be less developed and less funded than elsewhere because of the expectation that”
From Criminal Justice in Indian Country: A Theoretical and Empirical Agenda (2019) · cites this paper as Tredeau 2011
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“In United States v. Big Crow (1990), the Eighth Circuit affirmed a downward departure from the US Sentencing Guidelines for the defendant, Big Crow, who grew up on the notoriously violent Pine Ridge reservation and made efforts to overcome the adverse living conditions there.A downward departure was deemed warranted based on Big Crow's employment history, strong community ties, and reservation”
From Criminal Justice in Indian Country: A Theoretical and Empirical Agenda (2019) · cites this paper as Tredeau 2011
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“Tight federal-tribal justice coupling might take the form of wardship, where federal authorities may view Native American communities as wards subject to federal crime control efforts”
From Criminal Justice in Indian Country: A Theoretical and Empirical Agenda (2019) · cites this paper as Tredeau 2011
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Research works printed but not linked: 2
- testimony of Prof Kevin K. Washburn), available at http://www.ussc.gov/Legislative-and- PublicAffairs/PublicHearingsand Meetings/20100120-2 1/Washburn_ Testimony.pdf. 155. Fletcher, supra note44, at 19. 156. See, e.g., USSG ch. 5, pt. A, 1. 8. 157. Id. at ch. 5, pt. A, 1. 38, § 2A4.2(a). 158. Id. at ch. 5, pt. A. 159. Id. 160. See id § 2Al.4 (setting base offense level at 12). 161. Id at ch. 5, pt. A. 2011] 175. Duro, 495 U.S. at 693 ("A tribe's . . . authority comes from the consent of its members, and so in the criminal sphere membership marks the bounds of tribal authority."). 176. Congress cannot legislate without bicameralism and presentment. See Chadha v. INS, 462 U.S. 919, 953 (1983). 177. Oliphant v. Suquamish Indian Tribe, 435 U.S. 191, 210 (1978) (emphasis added). 178. Duro, 495 U.S. at 698;
- U.S.C. § 1301(2) (2006) (codifying Duro fix). See also Hicks, 533 U.S. at 358-60 (discussing decisional law limiting tribal jurisdiction over nonmembers). 179. U.S. CONST. art. 1, § 1. 180. J.W. Hampton, Jr., & Co. v. United States, 276 U.S. 394, 409 (1928).
Cited by
Sorted by citations
Criminal Justice in Indian Country: A Theoretical and Empirical Agenda
Ulmer, J. T., & Bradley, M. S. (2019) · Annual Review of Criminology · doi:10.1146/annurev-criminol-011518-024805 · Cited by 52
Punishment in Indian Country: Ironies of Federal Punishment of Native Americans
Ulmer, J. T., & Bradley, M. S. (2018) · Justice Quarterly · doi:10.1080/07418825.2017.1341540 · Cited by 26
Metadata
- Authors
- Tredeau, E.
- Venue
- California Law Review
- Publisher
- California Law Review
- Published
- 2011
- References
- 0
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