Crime and Governance in Indian Country

Preliminary data reveal that the laws are improving the safety and security of reservation residents.

“and the preliminary data reveal that the laws are improving the safety and security of reservation residents.”

Implementation of TLOA and VAWA has been a success in several respects.

“First, I conclude that implementation has been a success in several respects.”

Tribes have provided defendants with the requisite procedural protections.

“Tribes have provided defendants with the requisite procedural protections”

The application of the laws has been experienced in tribal communities, at least anecdotally and preliminarily, as greatly enhancing-not threatening or destroying-tribal sovereignty and Indian cultural survival.

“In other words, rather than sovereignty and assimilation expanding in tension with one another, I find that the application of the laws has been experienced in tribal communities, as least anecdotally and preliminarily, as greatly enhancing-not threatening or destroyingtribal sovereignty and Indian cultural survival.”

Reports show that the mandatory disclosure requirement has significantly improved declination rates since passage of the Act.

“Reports show that the mandatory disclosure requirement has significantly improved declination rates since passage of the Act.”

• cites Williams, supra note 18Not matched

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Since Alaska v. Native Village of Venetie Tribal Gov't, the United States recognizes only Metlakatla and a few restricted trust allotments as Indian country in Alaska.

“Since the Supreme Court's ruling in Alaska v. Native Village of Venetie Tribal Gov't, 522 U.S. 520 (1998), the United States recognizes only Metlakatla and a few restricted trust allotments as Indian country in the state of Alaska.”

• cites Alaska v. Native Village of Venetie Tribal Gov't, 522 U.S. 520 (1998)Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

VAWA was only available during the period under review to a select subgroup of tribes, as authorized by the Department of Justice.

“VAWA, by contrast, was only available during the period under review in this Article to a select subgroup of tribes, as authorized by the Department of Justice.”

According to Justice Department statistics, in at least 86 percent of reported cases of rape or sexual assault of American Indian and Alaska Native women, both on and off reservation, victims reported that their attackers were non-Indian.

“According to the Justice Department's own statistics, in at least 86 percent of the reported cases of rape or sexual assault of American Indian and Alaska Native women-both on and off reservation-victims reported that their attackers were non-Indian.”

• cites 160 CONG.REC. 26, S941Not matched

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Since the first TLOA report, declination rates have continued to fall.

“Since that time, declination rates have continued to fall.”

The remaining 239 tribes are organized as Native Villages in Alaska.

“The remaining 239 tribes are organized as Native Villages in Alaska.”

In some documented cases, perpetrators called the tribal police themselves, knowing there would not be a response, arrest, or prosecution.

“In some documented cases, perpetrators even called the tribal police themselves, knowing there would not be a response, arrest, or prosecution.”

• cites Laird, supra note 31Not matched

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TLOA jurisdiction was available to all tribes as of July 29, 2010.

“TLOA jurisdiction was available to all tribes as of the date of its passage on July 29, 2010.”

Tribes implementing both TLOA and VAWA during the pilot project and since have continuously emphasized the importance of criminal authority to tribal sovereignty, which includes the legal and moral obligation to protect tribal citizens.

“The tribes implementing both TLOA and VAWA, respectively-during the pilot project and since-have continuously emphasized the importance of criminal authority to tribal sovereignty, which includes the legal and moral obligation to protect tribal citizens.”

There is a severe paucity of data collection with respect to Indians and Indian country issues to set a baseline from which to evaluate change.

“There is a severe paucity of data collection with respect to Indians and Indian country issues to set a baseline from which to evaluate change.”

Non-Indian domestic violence is a significant problem in Indian communities, comprising up to 25 percent of all domestic violence cases on the reservation.

“First, non-Indian domestic violence is a significant problem in Indian communities, comprising up to 25 percent of all domestic violence cases on the reservation.”

Both TLOA and VAWA bolster some aspects of tribes' inherent, sovereign authority to prosecute and punish those who commit crimes in Indian country.

“On the one hand, both statutes bolster some aspects of tribes' inherent, sovereign authority to prosecute and punish those who commit crimes in Indian country.”

None of the defendants were subject to tribal criminal jurisdiction until the pilot project was initiated.

“None of the defendants were subject to tribal criminal jurisdiction until the pilot project was initiated.”

Each VAWA pilot project tribe identified domestic violence against the Native population as an important problem that the tribe needed to address.

“First and foremost, each tribe identified domestic violence against the Native population as an important problem that the tribe needed to address.”

All three pilot project tribes now use the same jury pool for all cases, regardless of the crime or race/identity of the parties.

“And all three tribes now use the same jury pool for all cases, regardless of the crime or race/identity of the parties.”

Most of the non-Indian defendants had long criminal records.

“Most of them had long criminal records.”

Beyond the core common feature of domestic violence, the VAWA pilot project tribes represent a wide range of tribal communities in almost every other respect.

“But, beyond this core common feature, the tribes represent a wide range of tribal communities in almost every other respect.”

Despite the very real fears of increased acculturation, since implementation, there has been relatively little indication of tribal members' concerns over assimilation.

“Despite the very real fears of increased acculturation, since implementation, there has been relatively little indication of tribal members' concerns over assimilation.”

Despite all possible assimilationist costs, the pilot project tribes saw the implementation of special domestic violence criminal jurisdiction as an absolute necessity for sovereignty.

“Despite all the possible assimilationist costs, the pilot project tribes saw the implementation of special domestic violence criminal jurisdiction as an absolute necessity for sovereignty.”

Even within tribes that follow the adversarial model more closely, it is not uncommon to find judges that have not been trained in an American law school.

“But even within tribes that follow the adversarial model more closely, it is not uncommon to find judges that have not been trained in an American law school.”

On February 26, 2014, Pascua Yaqui arrested and began prosecution of the first non-Indian defendant since Oliphant.

“On February 26, 2014, Pascua Yaqui arrested and began prosecution of the first non-Indian defendant since Oliphant.”

In the four years prior to and during the pilot project period, the fifteen non-Indian defendants prosecuted at Pascua Yaqui under SDVCJ had more than eighty documented prior tribal police contacts.

“In the four years prior to and during the pilot project period, the fifteen non-Indian defendants prosecuted at Pascua Yaqui under SDVCJ had more than eighty documented prior tribal police contacts.”

All of the pilot project tribes that initiated prosecutions under VAWA during the pilot project window already employed law-trained judges.

“All of the pilot project tribes that initiated prosecutions under VAWA during the pilot project window, for example, already employed law-trained judges.”

Tribal members began to detach from the criminal justice system altogether, refusing to participate as witnesses or in other ways.

“Tribal members also begin to detach from the criminal justice system altogether, refusing to participate as witnesses or in other ways.”

Crime was high in Indian country.

“Crime was high.”

The federal government has curtailed tribal sovereignty over time.

“Undoubtedly, however, the federal government has curtailed that sovereignty over time.”

Offenders view tribal justice as ineffectual.

“Offenders also have this view of tribal justice as ineffectual.”

Not one non-Indian defendant prosecuted under VAWA filed a writ of habeas corpus to claim his or her constitutional rights had been violated.

“And not one non-Indian defendant prosecuted under VAWA filed a writ of habeas corpus to claim his or her constitutional rights had been violated.250”

• cites Tribal Justice: Prosecuting Non-Natives for Sexual Assault on Reservations, supra note 215Not matched

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All three of the VAWA pilot project tribes provide lawyers to all who want one, regardless of the crime.

“In regards to the right to counsel, for example, all three of the VAWA pilot project tribes provide lawyers to all who want one, regardless of the crime.249”

• cites NAT'L CONG.OF AM.INDIANS, supra note 30Not matched

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Not one defendant during this period filed a challenge to test the constitutionality of VAWA.

“In addition, not one defendant during this period filed a challenge to test the constitutionality of VAWA.253”

Others were referred to the federal government for prosecution, due either to the severity or nature of the crime.

“Others were referred to the federal government for prosecution, due either to the severity or nature of the crime.275”

• cites NAT'L CONG.OF AM.INDIANS, supra note 30Not matched

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There were approximately thirty to forty TLOA prosecutions during the relevant time frame.

“Though TLOA data is particularly opaque, there were approximately thirty to forty TLOA prosecutions during the relevant time frame.271”

• cites FOLSOM-SMITH, supra note 83Not matched

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Currently, all three VAWA pilot project tribes use a mixed jury pool for all their tribal court cases.

“Currently, both for better political participation by all reservation residents and for the sake of efficiency, all three VAWA pilot project tribes use a mixed jury pool for all their tribal court cases.266”

• cites NAT'L CONG.OF AM.INDIANS, supra note 30Not matched

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Of all the cases brought under the special domestic violence criminal jurisdiction provision of VAWA during the pilot project period-around two dozen-only one went to trial.

“Of all the cases brought under the special domestic violence criminal jurisdiction provision of VAWA during the pilot project periodaround two dozen-only one went to trial.264”

• cites NAT'L CONG.OF AM.INDIANS, supra note 30Not matched

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In some VAWA cases, after arrest, no charges were filed.

“In some instances, after arrest, no charges were filed.273”

• cites NAT'L CONG.OF AM.INDIANS, supra note 30Not matched

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Of those VAWA cases that made their way through the criminal justice process, the vast majority resulted in guilty pleas.

“Of those that made their way through the criminal justice process, the vast majority resulted in guilty pleas.276”

• cites NAT'L CONG.OF AM.INDIANS, supra note 30Not matched

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At CTUIR, all batterers, regardless whether they are Indian or not, attend intervention treatment that is provided free of charge for all defendants.

“At CTUIR, all batterers, regardless whether they are Indian or not, attend intervention treatment that is provided free of charge for all defendants.280”

• cites Leonhard, supra note 86Not matched

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Some prosecuting tribes remain focused on rehabilitation, rather than punishment, such as Tulalip, which has an Elders Panel and a Wellness Court, considered core to conceptions of Tulalip justice.

“And some prosecuting tribes remain focused on rehabilitation, rather than punishment, such as Tulalip, which has an Elders Panel and a Wellness Court, considered core to conceptions of Tulalip justice.281”

• cites Brewer, TLOA Enhanced Sentencing: The Tulalip ExperienceNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Of the more than two dozen arrests under VAWA jurisdiction during the relevant period, most were handled similarly to cases in the state and federal systems.

“Of the more than two dozen arrests under VAWA jurisdiction during the relevant period, most were handled similarly to cases in the state and federal systems.”

• cites NAT'L CONG.OF AM.INDIANS, supra note 30Not matched

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Reporting by the Bureau of Prisons demonstrates that felony sentencing was applied in at least a dozen TLOA cases.

“Precise sentences in each case are not known, though reporting by the Bureau of Prisons demonstrates that felony sentencing was applied in at least a dozen cases.”

• cites Tribal Law and Order Act of 2010Not matched

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Those tribes that were also TLOA compliant during the project period did not, in even one case, seek enhanced sentencing for a VAWA prosecution.

“Curiously, those tribes that were also TLOA compliant during the project period did not, in even one case, seek enhanced sentencing for a VAWA prosecution.”

At Pascua Yaqui, some defendants were required to go through the culturally based Hiapsi Kuakte, or Centered Spirit, program.

“At Pascua Yaqui, for example, some defendants were required to go through the culturally based Hiapsi Kuakte, or Centered Spirit, program.279”

• cites Motion to Revoke Probation, Pascua Yaqui Tribe v. AlvarezNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

The one and only non-Indian defendant in the past forty years to be prosecuted by an Indian tribe and tried by a reservation-based jury resulted in an acquittal.

“The result: The one and only non-Indian defendant in the past forty years to be prosecuted by an Indian tribe and tried by a reservation-based jury resulted in an acquittal.265”

• cites NAT'L CONG.OF AM.INDIANS, supra note 30Not matched

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There is no indication that tribes seek to exploit or abuse non-Indians in an exercise of power.

“There is no indication that tribes seek to exploit or abuse non-Indians in an exercise of power.260”

• cites Laird, supra note 31Not matched

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• cites INDIAN LAW & ORDER COMM'N, supra note 9Not matched

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While alternatives to incarceration may be less relevant options for the punishment of outsiders, tribes nevertheless demonstrate, at least in some instances, a desire to take the same approach with non-Indian perpetrators as with Indians.

“While alternatives to incarceration may be less relevant options for the punishment of outsiders, tribes nevertheless demonstrate, at least in some instances, a desire to take the same approach with non-Indian perpetrators as with Indians.”

The federal government is shifting authority through legislation to tribes without concomitantly shifting the resources to make those justice systems functional.

“That is, the federal government is shifting authority through legislation to tribes without concomitantly shifting the resources to make those justice systems functional.332”

• cites [332]Not matched

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There is some evidence that the Bureau of Indian Affairs itself is training tribal police officers and instructing them that they lack the authority to arrest and detain perpetrators until they can be turned over to the correct sovereign with jurisdiction.

“There is some evidence that the Bureau of Indian Affairs itself is training tribal police officers and instructing them that they lack the authority to arrest and detain perpetrators until they can be turned over to the correct sovereign with jurisdiction.344”

• cites [344]Not matched

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All three pilot project tribes reported that children are commonly victims or witnesses to domestic violence.

“In fact, all three of the pilot project tribes reported that children are commonly victims or witnesses to domestic violence.355”

• cites NAT'L CONG. OF AM. INDIANS, supra note 30, at 8Not matched

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In one extreme instance, a non-Indian boyfriend on a three-day methamphetamine bender forced his Indian girlfriend and her child to sit in a chair while he threw knives at them.

“In one extreme instance, a non-Indian boyfriend, who was on a three-day long methamphetamine bender, forced his Indian girlfriend and her child to sit in a chair while he threw knives at them.”

• cites NAT'L CONG. OF AM. INDIANS, supra note 30, at 26Not matched

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In recent years, there have been reports of instances in which tribal police have actually faced intimidation or criminal sanctions themselves for acting as peace officers.

“In recent years, there have 63 UCLA L. REV.1564 (2016) been reports of instances in which tribal police have actually faced intimidation or criminal sanctions themselves for acting as peace officers.”

• cites [347]Not matched

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Only five pilot project tribes were certified to undertake special domestic violence criminal jurisdiction (SDVCJ) over non-Indians: Umatilla, Tulalip, Pascua Yaqui, Fort Peck, and Sisseton-Wahpeton.

“During that time, only five pilot project tribes were certified to undertake special domestic violence jurisdiction (SDVCJ) over non-Indians: the Confederated Tribes of the Umatilla Reservation in Oregon, the Tulalip Tribes in Washington, and Pascua Yaqui in Arizona.”

• Also stated in: § 358. · plain

  “Fort Peck Assiniboine and Sioux Tribes in Montana and Sisseton-Wahpeton Oyate in South Dakota were designated as pilot project tribes only one day before the conclusion of the pilot project, and, therefore, had no opportunity to file any cases under VAWA.”

Children commonly are present during crimes of domestic violence.

“Child abuse has been a particular source of concern, as statistics and common sense bear out that children commonly are present during crimes of domestic violence.”

• cites NAT'L CONG. OF AM. INDIANS, supra note 30, at 8Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Often, the abusers were right that tribal police could do nothing to intervene.

“And often, they were right.”

There were approximately thirty to forty TLOA prosecutions during the relevant period.

“These sources indicate there were approximately thirty to forty TLOA prosecutions during the relevant period.”

In a pre-VAWA world, when tribal police officers respond to a domestic violence call on the reservation and ascertain the perpetrator is non-Indian or are unsure of his identity, these officers often mistakenly believe they cannot even make an arrest.

“Imagine, for example, in a pre-VAWA world, where tribal police officers respond to a domestic violence call on the reservation.Upon arrival, they ascertain the perpetrator is non-Indian, or they are unsure of his identity.As Perrelli puts it, these officers often mistakenly believe they cannot even make an arrest.”

• cites [346]Not matched

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Testimony from the legislative history of VAWA revealed incidents where abusers flagrantly abused victims, taunting them that the tribal police could do nothing to intervene.

“The testimony from the legislative history of VAWA itself revealed incidents where abusers flagrantly abused victims, taunting them that the tribal police could do nothing to intervene.345”

• cites [345]Not matched

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The federal government has jurisdiction over major crimes committed by an Indian, whether the victim is Indian or non-Indian.

“and over major crimes committed by an Indian, whether the victim is Indian or non-Indian.”

• cites [62]Not matched

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Criminal jurisdiction in Indian country was disaggregated from territory pursuant to a series of federal interventions motivated both by beliefs in the racial inferiority of Indians and the concomitant desire to assimilate them into White society.

“Pursuant to a series of federal interventions motivated both by beliefs in the racial inferiority of Indians and the concomitant desire to assimilate them into White society, criminal jurisdiction in Indian country was disaggregated from territory.”

The federal government has jurisdiction over crimes committed in Indian country by a non-Indian against an Indian.

“The federal government also has jurisdiction over crimes committed in Indian country by a non-Indian against an Indian”

• cites [61]Not matched

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The Supreme Court's decision in Oliphant excluded non-Indians from tribal criminal jurisdiction.

“Court's decision in Oliphant, excluding non-Indians”

• Also stated in: § 69. See WILLIAM T. HAGAN, INDIAN POLICE AND JUDGES: EXPERIMENTS IN ACCULTURATION · plain

  “Oliphant v. Suquamish Indian Tribe, 435 U. S. 191, 212 (1978), superseded by statute in part”

• cites Oliphant v. Suquamish Indian Tribe, 435 U. S. 191, 212 (1978)Not matched

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Tribes then and now maintain exclusive jurisdiction over misdemeanor crimes involving only Indians.

“Tribes then, and now, maintain exclusive jurisdiction over misdemeanor crimes involving only Indians.”

Indian country is the only place within the United States where the racial and political status of the perpetrator and victim bear on the question of which sovereign may exercise jurisdiction in a given instance.

“as Indian country is the only place within the United States where the racial and political status of the perpetrator and victim bear on the question of which sovereign may exercise jurisdiction in a given instance.”

• cites [80]Not matched

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By turning the standard presumption on its head in Indian country, Indian tribes lost a core prerogative of the sovereign, losing the right to punish the non-Indian offender, even when he commits a crime against an Indian.

“By turning this presumption on its head in Indian country, Indian tribes lost a core prerogative of the sovereign, losing the right to punish the non-Indian offender, even when he commits a crime against an Indian.”

Criminal jurisdiction over Indian country crimes is governed by shifting and sometimes contradictory variables, including where the crime was committed, whether both the defendant and victim are Indians, and the classification of the alleged crime.

“The bizarre result is that criminal jurisdiction over Indian country crimes is governed by shifting and sometimes contradictory variables, including where the crime was committed, whether both the defendant and victim are Indians, 37 and the classification of the alleged crime, among other considerations.”

• cites [37]Not matched

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• cites [38]Not matched

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The criminal justice crisis in Indian country today is a manifestation of a failure of law so extreme that it has actually caused reservation crime to flourish.

“The criminal justice crisis that exists in Indian country today is a manifestation of a failure of law so extreme that it has actually caused reservation crime to flourish.”

Congress' goal in ICRA was to balance individual rights with the federal policy of tribal self-determination.

“as Congress' goal was to balance individual rights with the federal policy of tribal self-determination.”

• cites [73]Not matched

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Oliphant v. Suquamish Indian Tribe (1978) held that Indian tribes do not have criminal jurisdiction over non-Indians.

“the 1978 Supreme Court decision of Oliphant v. Suquamish Indian Tribe, wherein the Court held that Indian tribes do not have criminal jurisdiction over non-Indians.”

• cites Oliphant v. Suquamish Indian TribeNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

The Indian Civil Rights Act of 1968 sets forth rights guaranteed to individual Indians vis-à-vis tribal governments.

“manifesting in the Indian Civil Rights Act of 1968 (ICRA), which sets forth rights guaranteed to individual Indians vis-à-vis tribal governments.”

• cites [72]Not matched

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United States v. McBratney (1881) held that the state had exclusive jurisdiction over a crime committed by a non-Indian against a non-Indian in Indian country.

“until the Supreme Court decided United States v. McBratney 50 in 1881, holding that the state had exclusive jurisdiction over a crime committed by a non-Indian against a non-Indian in Indian country.”

• cites United States v. McBratney, 104 U.S. 621 (1881)Not matched

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After ICRA and Oliphant, Indian tribes are set adrift.

“Indian tribes are set adrift.”

The U.S. Constitution does not bind tribal governments.

“The U.S. Constitution does not bind tribal governments.”

• Also stated in: § Crime and Governance 1577 · plain

  “the Constitution, which has never been amended to incorporate tribal governments into the federal-state system, does not bind Indian tribal governments.”

• cites [66]Not matched

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The recent federal laws expanding tribal criminal jurisdiction acknowledge and reify a more robust notion of tribal sovereignty capable of accommodating increased tribal control over safety and security on Indian reservations.

“as they acknowledge and reify a more robust notion of tribal sovereignty, one capable of accommodating increased tribal control over safety and security on Indian reservations.”

The 1885 Major Crimes Act extended federal jurisdiction to enumerated major crimes committed by an Indian in Indian country, whether the victim is Indian or non-Indian.

“It extended federal jurisdiction to enumerated major crimes committed by an Indian in Indian country, whether the victim is Indian or non-Indian.”

• cites Major Crimes Act, 18 U.S.C. § 1153 (2012)Not matched

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VAWA 2013 recognizes-for the first time since 1978-tribes' inherent criminal jurisdiction over non-Indians who commit acts of domestic violence, dating violence, or intimate partner violence against an Indian in Indian country if certain criteria are met.

“the reauthorization of the Violence Against Women Act (VAWA) in 2013, which recognizes-for the first time since 1978-tribes' inherent criminal jurisdiction over non-Indians who commit acts of domestic violence, dating violence, or intimate partner violence against an Indian in Indian country if certain criteria are met.”

• cites [28]Not matched

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Recent federal laws expanding tribal criminal jurisdiction are, in many respects, enormous victories for Indian country.

“Recent federal laws expanding tribal criminal jurisdiction are, in many respects, enormous victories for Indian country”

The recent federal laws make clear that sovereignty comes at a price, potentially working to effectuate further assimilation of tribal courts and Indian people.

“At the same time, the laws make clear that sovereignty comes at a price, potentially working to effectuate further assimilation of tribal courts and Indian people.”

ICRA initially limited punishments to six months in prison or $500 per count.

“ICRA also set the stage for the debates decades later around the Tribal Law and Order Act, as ICRA initially limited punishments to six months in prison or $500 per count.”

The federal government maintains its historic and continued role as a significant player in ensuring criminal justice in Indian country.

“Accordingly, the federal government maintains its historic and continued role as a significant player in ensuring criminal justice in Indian country.”

Except for selectively applied federal laws, Indian country is free from state criminal jurisdiction when an Indian is involved in the crime as either the victim or the perpetrator.

“Except for selectively applied federal laws, 58 Indian country is free from state criminal jurisdiction when an Indian is involved in the crime as either the victim or the perpetrator.”

• cites [58]Not matched

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As part of the trade-off for increased tribal criminal authority, both TLOA and VAWA require that tribes follow additional procedural requirements and standards that are more in line with the federal Constitution.

“Thus, as part of the trade-off for increased tribal criminal authority, both statutes require that tribes follow additional procedural requirements and standards that are more in line with the federal Constitution.”

Absent treaty provisions to the contrary, federal criminal laws of general applicability apply in Indian country to all people just as they apply elsewhere.

“Absent treaty provisions to the contrary, federal criminal laws of general applicability apply in Indian country to all people just as they apply elsewhere.”

Expanded criminal jurisdiction and punishment authority have, perhaps paradoxically, enhanced the ability of tribes to develop and enforce policies, laws, and procedures that are consistent with tribal custom and tradition.

“Ultimately, based on data compiled for the first time as well as extensive secondary sources, I argue that expanded criminal jurisdiction and punishment authority have, perhaps paradoxically, enhanced the ability of tribes to develop and enforce policies, laws, and procedures that are consistent with tribal custom and tradition.”

TLOA allows tribes, under specified conditions, increased sentencing authority.

“the Tribal Law and Order Act of 2010 (TLOA), 27 which allows tribes, under specified conditions, increased sentencing authority”

• cites [27]Not matched

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ICRA protections map onto, but are not coterminous with, the protections afforded under the U.S. Constitution's Bill of Rights.

“These protections map onto, but are certainly not coterminous with, the protections afforded under the U.S. Constitution's Bill of Rights”

• cites [73]Not matched

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The Supreme Court held in Worcester v. Georgia-as it still holds today-that state criminal laws generally do not apply in Indian country.

“The Supreme Court held then-as it still holds today-that state criminal laws generally do not apply in Indian country.”

• cites Worcester v. Georgia, 31 U.S. 515 (1832)Not matched

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The 2007 Amnesty International Report highlighted jurisdictional and institutional barriers, many attributed to federal government neglect, that made Indian women particularly vulnerable to sexually violent crimes with little access to adequate justice systems.

“The 2007 Amnesty International Report again highlighted the jurisdictional and institutional barriers-many of which were attributed to federal government neglect-that made Indian women particularly vulnerable to sexually violent crimes with little access to adequate justice systems.”

• cites AMNESTY INT'L, supra note 18Not matched

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TLOA's requirement that the government collect and disclose data regarding declination of prosecutions was meant to increase political accountability and transparency between tribes and the federal government.

“The second feature of TLOA-the requirement that the government collect and disclose data regarding the declination of prosecutions-was meant to increase political accountability and transparency between tribes and the federal government.”

• cites TLOANot matched

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TLOA's due process requirements and the need for tribes to redefine crimes subject to felony-level sentencing meant there was a significant ramp up period, even for tribes with well-funded and well-developed legal systems.

“However, TLOA's due process requirements as well as the need for tribes to redefine crimes subject to felony-level sentencing meant there was a significant ramp up period, even for tribes with well-funded and well-developed legal systems.”

By depriving tribes of the localized community control that characterizes virtually all law enforcement in the United States, federal policy itself caused the descent of Indian country into crisis.

“By depriving tribes of the localized community control that characterizes virtually all law enforcement in the United States, federal policy itself caused the descent of Indian country into crisis.”

• cites Washburn, Five Years of Scholarship, supra note 25Not matched

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The writ of habeas corpus remains available for any defendant to take his or her case to a federal court to challenge a tribal court conviction.

“The writ of habeas corpus remains available for any defendant to take his or her case to a federal court to challenge a tribal court conviction.”

• cites 25 U.S.C. § 1303 (2012)Not matched

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TLOA and VAWA have empowered tribal leaders and tribal communities to take action on the ground where crime and violence has become the hallmark of some reservations.

“This, in turn, has empowered tribal leaders and tribal communities to take action on the ground where the scourge of crime and violence has become the hallmark of some reservations.”

As with TLOA, VAWA puts into place more protections for criminal defendants in tribal courts than were required previously.

“As with TLOA, VAWA puts into place more protections for criminal defendants in tribal courts than were required previously.”

VAWA authorizes grants to tribal governments to strengthen tribal criminal justice systems to assist Indian tribes in exercising special domestic violence criminal jurisdiction, including alternative rehabilitation centers.

“VAWA authorizes: (f) . . .grants to the governments of Indian tribes (or to authorized designees of those governments)-(1) to strengthen tribal criminal justice systems to assist Indian tribes in exercising special domestic violence criminal jurisdiction, including-. . .(F) alternative rehabilitation centers;”

• cites VAWANot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

The federal government does not have the time, money, or incentives to investigate and prosecute most Indian country crimes.

“But the federal government simply does not have the time, money, or incentives to investigate and prosecute most Indian country crimes.”

• cites Washburn, American Indians, supra note 25Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Of the 4.6 million people living in Indian country in 2010, 3.5 million were non-Indians who could not be prosecuted by tribal governments.

“Of the 4.6 million people living in Indian country in 2010, 3.5 million were non-Indians who could not be prosecuted by tribal governments.”

• cites TINA NORRIS ET AL., THE AMERICAN INDIAN AND ALASKAN NATIVE POPULATION: 2010Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

The degree of federal oversight as contrasted between TLOA and VAWA accounts, in part, for the varying extent to which information about implementation has been made available to the public.

“The degree of federal oversight as contrasted between the two statutes also accounts, in part, for the varying extent to which information about implementation has been made available to the public.”

Individual tribes began tracking their own statistics, particularly with respect to domestic violence.

“Individual tribes also began tracking their own statistics, particularly with respect to domestic violence.”

• cites Leonhard, supra note 86Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

TLOA has had perhaps its greatest success in requiring the federal government to be more transparent with respect to declination rates.

“Thus, TLOA has had perhaps its greatest success in requiring the federal government to be more transparent with respect to declination rates.”

If any period of incarceration is to be imposed, VAWA mandates all the same requirements of the TLOA.

“If any period of incarceration is to be imposed, VAWA mandates all the same requirements of the TLOA.”

• cites VAWANot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

The third critical feature of TLOA was to establish the Indian Law and Order Commission (ILOC), charged with developing a comprehensive study of the criminal justice system relating to Indian country.

“The third critical feature of the TLOA was to establish the Indian Law and Order Commission (ILOC), which was charged with developing a comprehensive study of the criminal justice system relating to Indian country.”

• cites TLOANot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Every crime, even misdemeanors, committed by non-Indians against Indians or Indian property in Indian country can only be prosecuted by the federal government.

“This means, for example, that every crime-even misdemeanors-committed by non-Indians against Indians or Indian property in Indian country can only be prosecuted by the federal government.”

• cites Violence Against Women ActNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

When a non-Indian commits a crime against an Indian in Indian country, absent a unique statutory modification, the only sovereign with jurisdictional authority is the federal government.

“when a non-Indian commits a crime against an Indian in Indian country-absent a unique statutory modification-the only sovereign with jurisdictional authority is the federal government.”

• cites Public Law 280Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Violence Against Women ActNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Increased authority could come at the cost of sovereignty.

“Given this dilemma, it has been apparent since the debates on the statutes began that increased authority could, ironically, come at the cost of sovereignty.”

VAWA clarifies tribes' sovereign power to issue and enforce civil protection orders that are violated in the Indian country of the participating tribe.

“VAWA also clarifies tribes' sovereign power to issue and enforce civil protection orders that are violated in the Indian country of the participating tribe.”

• cites VAWANot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Studies show that countless Indian women and girls decline to report violent crime or sexual assault committed by non-Indians on the reservation because they do not believe there will be justice.

“Studies show that countless Indian women and girls decline to even report violent crime or sexual assault committed by non-Indians on the reservation because they do not believe there will be justice.”

• cites Laird, supra note 31Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

For some tribes-particularly those without criminal courts, with very small reservation populations, or limited funds-implementation of TLOA or VAWA may not be feasible or even desirable.

“For some tribes-particularly those that do not already have criminal courts in place, have very small reservation populations to draw from for human capital, or have limited funds with overwhelming social problems requiring their scant resources-implementation may not be feasible or even desirable.”

Under the TLOA, tribes are authorized to impose enhanced punishments of up to three years and fines of up to $15,000 where particular procedural protections are in place.

“Under the TLOA, tribes are authorized to impose enhanced punishments of up to three years and fines of up to $15,000 where particular procedural protections are in place.”

• cites Tribal Law & Order Act of 2010Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

The TLOA's defining provisions allow tribes enhanced sentencing over defendants in cases in which the tribe would already have criminal jurisdiction.

“The TLOA's defining provisions allow tribes enhanced sentencing over those defendants in cases in which the tribe would already have criminal jurisdiction.”

• cites Tribal Law & Order Act of 2010Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

In regards to judges' qualifications, both statutes were left somewhat vague due to the proliferation of judges in tribal communities that have not been trained in ABA-accredited law schools.

“In regards to judges' qualifications, for example, both statutes were left somewhat vague due to the proliferation of judges in tribal communities that have not been trained in ABA-accredited law schools.”

The pilot project tribes under VAWA and the early adopters of TLOA were already well-positioned to implement the new laws.

“In other words, the pilot project tribes under VAWA and the early adopters of TLOA were already well-positioned to implement the new laws.”

The enactment of both TLOA and VAWA raises a paradox for Indian tribes.

“Thus, the enactment of both TLOA and VAWA raises a paradox for Indian tribes.”

The federal government-and the Supreme Court in particular-views the sovereign authority of tribes as less than complete.

“Accordingly, while tribes continue to assert their sovereignty, selfgovernance, and treaty rights, it is clear that the federal government-and the Supreme Court in particular-views the sovereign authority of tribes as less than complete.”

Even given the very small sample size available in this analysis, some preliminary evidence begins to paint at least a partial picture as to the impact that TLOA and VAWA are having on the ground.

“However, even given the very small sample size available in this analysis, some preliminary evidence begins to paint at least a partial picture as to the impact that the statutes are having on the ground.”

Each tribe has had to think about the issue of TLOA/VAWA implementation as it relates to its particular circumstances, including the potential for assimilative impositions.

“Each tribe has had to think about the issue as it relates to its particular circumstances, including the potential for assimilative impositions.”

The dearth of data in Indian country criminal justice makes it exceedingly difficult for tribes, tribal leaders, and the federal government to adequately assess the gaps in Indian country criminal justice.

“In fact, the dearth of data in the area of Indian country criminal justice makes it exceedingly difficult for tribes, tribal leaders, and the federal government to adequately assess the gaps in Indian country criminal justice.”

Tribes most resistant to a Western model-and that would, therefore, be more likely to report a negative reaction to encroaching forces-are among the least likely to have sought implementation.

“Tribes most resistant to a Western model-and that would, therefore, be more likely to report a negative reaction to encroaching forces-are among the least likely to have sought implementation.”

Despite VAWA reauthorization amendments including Alaska, Alaska Native village governments have relatively limited authority outside Metlakatla.

“Accordingly, despite amendments to the reauthorization of VAWA to include the state of Alaska, village governments have relatively limited authority outside of Metlakatla.”

The laws have made a profound difference for the pilot project tribes.

“Thus, the laws have made a profound difference for these tribes.”

A tribe's perspective of what qualifies a judge may be quite distinct from an American perspective.

“Oftentimes, a tribe's perspective of what qualifies a judge may be quite distinct from an American perspective.”

The pilot project tribes are able to prosecute and incapacitate defendants who have committed ongoing acts of domestic violence for years.

“They are able to prosecute and incapacitate defendants who have committed ongoing acts of domestic violence for years.”

Contrary to some assumptions about risks of assimilation, thus far it appears that the expansion of criminal jurisdiction for tribes enhances-rather than impedes or usurps-the cultural, political, and legal fabric of tribal life that allows tribal nations to continue to thrive as distinct sovereigns within the larger polity.

“Contrary to some assumptions about the risks of assimilation, thus far it appears that the expansion of criminal jurisdiction for tribes enhances-rather than impedes or usurps-the cultural, political, and legal fabric of tribal life that allows tribal nations to continue to thrive as distinct sovereigns within the larger polity.”

The lack of law enforcement contributed to a sense of lawlessness on the reservation.

“This lack of law enforcement, as was well documented in the testimony leading up to VAWA's reauthorization, contributed to a sense of lawlessness on the reservation.”

Each of the VAWA pilot project tribes has unique demographic features that made the expanded jurisdiction under VAWA important to sovereignty.

“Each of the VAWA pilot project tribes has unique demographic features that made the expanded jurisdiction under VAWA important to sovereignty.”

The Courts of Indian Offenses were established throughout almost all of Indian country.

“The Courts of Indian Offenses were established throughout almost all of Indian country.233”

• cites Creel, supra note 68Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

To the extent empirical evidence is available, it reflects a trend in Indian country towards providing paid counsel.

“To the extent empirical evidence is available, it reflects a trend in Indian country towards providing paid counsel.”

• cites INDIAN LAW & ORDER COMM'N, supra note 9Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

When Congress amended the ICRA in 1986 to expand tribes' sentencing authority from six months to one year per count and a $5000 fine, it seemingly did so without reviewing or contemplating the impact the expansion would have on tribal defendants.

“Accordingly, when Congress amended the ICRA in 1986 to expand tribes' sentencing authority under the ICRA-from six months to one year per count and a $5000 monetary fine 239 -it seemingly did so without reviewing or contemplating the impact the expansion would have on tribal defendants.240”

• cites Creel, supra note 68Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Many of the same considerations that must be weighed in prosecuting Indians are present in VAWA cases as well.

“This means many of the same considerations that must be weighed in prosecuting Indians-who are parents to Indian children, employees of the tribe, etc.-are present in these cases as well.”

When Congress heard testimony about civil rights abuses in tribal courts in the 1960s, it was well established that the federal model imposed onto tribal governments had not required, allowed for, or funded paid counsel for indigent defendants.

“Thus, as discussed in Part I, when Congress heard testimony about civil rights abuses in tribal courts in the 1960s, it was well established that the federal model imposed onto tribal governments had not required, allowed for, or funded paid counsel for indigent defendants.”

Preliminary results from the relevant TLOA and VAWA cases at least lend the inference that tribes can and do respect the constitutional rights of defendants.

“While being cautious not to draw sweeping conclusions based on a very small set of cases, the preliminary results from the relevant TLOA and VAWA cases at least lend the inference that tribes can and do respect the constitutional rights of defendants.”

• cites NAT'L CONG.OF AM.INDIANS, supra note 30Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

With so few American Indian attorneys in the United States at the time, requiring counsel would necessarily allow non-Indians a more active role in American Indian tribal courts.

“With so few American Indian attorneys in the United States at the time, requiring counsel would necessarily allow non-Indians a more active role in American Indian tribal courts.”

As to non-Indians tried under VAWA, tribal governments have similar motivations and concerns.

“As to non-Indians tried under VAWA, tribal governments have similar motivations and concerns.258”

• cites CORNELL, CURTIS & JORGENSEN, supra note 109Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

When Congress expanded tribal sentencing authority in 1986, it did not renew review of ICRA's provisions regarding the right to counsel for indigent defendants.

“Given that the original sentencing limitations were put in place at a time when Congress likely did not consider the possibility of felony prosecutions by tribal courts, the expansion in sentencing merited, but did not receive, renewed review of ICRA's provisions regarding the right to counsel for indigent defendants.241”

• cites INDIAN LAW & ORDER COMM'N, supra note 9Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

These ties provide meaningful incentives for tribal governments to be fair, just, and legitimate, seeking to act as good governments to advance victims' rights while ensuring fair criminal processes for defendants.

“These all provide meaningful incentives for tribal governments to be fair, just, and legitimate, seeking to act as “good governments” to advance victims' rights while ensuring fair criminal processes for defendants.257”

• cites CORNELL, CURTIS & JORGENSEN, supra note 109Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Much of the testimony and information leading up to and since the implementation of the statutes demonstrate pride on the part of tribal court staff regarding the quality of justice and fairness tribal courts are able to provide, often with a fraction of the resources available to state and federal courts.

“Much of the testimony and information leading up to and since the implementation of the statutes demonstrate pride on the part of tribal court staff-judges, clerks, lawyers, and others-regarding the quality of justice and fairness tribal courts are able to provide, often with a fraction of the resources available to state and federal courts.259”

• cites 2008 Hearing, supra note 84Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Even before debate began over these recent laws, when tribes have had the financial resources to provide lawyers for indigent defendants in adversarial style proceedings, they largely have done so.

“Even before debate began over these recent laws, when tribes have had the financial resources to provide lawyers for indigent defendants in adversarial style proceedings, they largely have done so.246”

• cites INDIAN LAW & ORDER COMM'N, supra note 9Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Washburn, Tribal Courts and Federal Sentencing, supra note 25Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

In cases where such counsel is not affordable, tribes often have provided lay advocates to indigent defendants in tribal court proceedings.

“In cases where such counsel is not affordable, tribes often have provided lay advocates-those who are authorized to provide defense services to defendants, but who may not otherwise be legally trained-to indigent defendants in tribal court proceedings.247”

• cites Fortin, supra note 87Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Washburn, Tribal Courts and Federal Sentencing, supra note 25Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

When it comes to Indian defendants, tribal governments have powerful incentives to ensure fairness.

“When it comes to Indian defendants, for example, tribal governments have powerful incentives to ensure fairness.”

• cites CORNELL, CURTIS & JORGENSEN, supra note 109Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

The legislative record shows that the decision regarding the right to counsel was driven by both cultural and fiscal considerations.

“the legislative record shows that the decision regarding the right to counsel was driven by both cultural and fiscal considerations.236”

• cites 1961 Hearing, supra note 76Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

In recent years, tribes, academics, and policymakers have become more vocal about the consequences of securing tribal court convictions without the aid of a lawyer.

“In recent years, tribes, academics, and policymakers have become more vocal about the consequences of securing tribal court convictions without the aid of a lawyer.”

• cites Creel, supra note 68Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

The trade-off was reflected in the limited authority of tribes to sentence tribal defendants only to six months in jail or a $500 fine, or both.

“The trade-off was reflected in the limited authority of tribes to sentence tribal defendants only to six months in jail or a $500 fine, or both.”

• cites Creel, supra note 68Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

When the United States forced the adversarial system of trial and punishment onto tribes, it did so without concern for protecting the rights of Indian defendants.

“When the United States forced the adversarial system of trial and punishment onto tribes, it did so without concern for protecting the rights of Indian”

CTUIR's Office of Legal Counsel encouraged the first defendant under VAWA to file a habeas petition to test the statute.

“In fact, as CTUIR reports, the Tribe's Office of Legal Counsel encouraged the first defendant under VAWA to file a habeas petition to test the statute.”

These options seem to have been exercised less than they might otherwise be, partially because many federal grants and funding streams are distinctly geared towards an American carceral model.

“Nevertheless, these options seem to have been exercised less than they might otherwise be, partially because many federal grants and funding streams are distinctly geared towards an American carceral model.”

In contrast to the national conversation focused on softening criminal penalties, tribal advocates pushed for TLOA with the opposite motivation: enhanced sentencing authority.

“In contrast to the national conversation, focused on how and to what extent criminal penalties should be softened, tribal advocates pushed for TLOA with the opposite motivation: enhanced sentencing authority.”

Concerns regarding the right to counsel translated to whether non-Indian defendants could get a fair trial in tribal court, which motivated the concession that guaranteed defendants a cross-section of the community in a jury trial.

“any of the same concerns regarding the right to counsel translated to whether non-Indian defendants could get a fair trial in tribal court, which motivated the concession that guaranteed defendants a cross-section of the community in a jury trial.263”

• cites Weisman, supra note 130Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Washburn, American Indians, supra note 25Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

In pursuing prosecutions under TLOA and VAWA, tribes have been able to shrink the disparity between tribal and other governments in matters of criminal justice.

“Thus, in pursuing prosecutions under TLOA and VAWA, respectively, tribes have been able to shrink the disparity between tribal and other governments in matters of criminal justice.”

Evidence suggests-in regards to domestic violence in particular-that absence of accountability for perpetrators only emboldens them.

“Evidence suggests-in regards to domestic violence in particular-that absence of accountability for perpetrators only emboldens them.284”

• cites S. 1763, S. 872, and S. 1192: Hearing Before the S. Comm. on Indian AffairsNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Some tribal practices today may not be reflective of indigenous culture at all, but rather a consequence of colonial rule.

“Thus, some tribal practices today may not be reflective of indigenous culture at all, but, rather, a consequence of colonial rule.268”

In advocating for enhanced sentences, policymakers focused on the disparity in sentencing authority available to tribes vis-à-vis states in particular.

“In advocating for enhanced sentences, policymakers focused on the disparity in sentencing authority available to tribes vis-à-vis states in particular.270”

• cites FOLSOM-SMITH, supra note 83Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Rejection of the American criminal justice system is in line with Indian nations' own objectives, particularly for at least some juvenile offenses, low-level offenses, or crimes involving substance abuse by tribal member defendants.

“Moreover, it is entirely clear that rejection of this system is in line with Indian nations' own objectives, particularly in regards to at least some juvenile offenses, low-level offenses, or crimes involving substance abuse by tribal member defendants.”

• cites [295]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Traditional approaches to tribal justice, which focus on making reparations, healing victims and offenders, and restoring community, are in line with alternatives to incarceration.

“There is little doubt that traditional approaches to tribal justice-“which, echoing the Crow Dog case from long ago, focus on making reparations, healing victims and offenders, and restoring community” 306 -are in line with alternatives to incarceration.”

• cites [306]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Domestic violence offenders escalate their crimes against their victims over time.

“They escalate their crimes against their victims over time.285”

• cites United States v. CastlemanNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Tribes may further lose distinct aspects of culture and governance that go to the heart of nationhood, cultural survival, and tribal difference.

“The result is that tribes may further lose distinct aspects”

• Also stated in: § A. Unexplored Opportunities: The Indian Nation as Criminal Justice Laboratory · plain

  “of culture and governance that go to the heart of nationhood, cultural survival, and tribal difference.”

When Indian tribes prosecute major crimes, such as murder, but are only allowed to sentence the defendant to one year in prison under pre-TLOA ICRA limitations, tribal members lose faith in criminal justice at the tribal as well as the federal level.

“Thus, when Indian tribes prosecute major crimes, such as murder, but are only allowed to sentence the defendant to one year in prison under pre-TLOA ICRA limitations, tribal members lose faith in criminal justice at the tribal as well as the federal level.”

Many reservations span large swaths of remote territory, sometimes even traversing several states and time zones.

“As Kevin Washburn has demonstrated, many reservations span large swaths of remote territory, sometimes even traversing several states and time zones.298”

• cites [298]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Indian tribes are in a double bind with respect to criminal jurisdiction: to secure recognition of sovereign rights to criminally prosecute and punish crime committed against Indians within the reservation, they must more closely emulate the American model of criminal justice.

“Indian tribes are in a double bind with respect to criminal jurisdiction.In order to secure the recognition of their sovereign rights to criminally prosecute and punish crime committed against Indians within the reservation, they must more closely emulate the American model of criminal justice.”

Given the complex history between tribes and the United States, tribal members are understandably wary of the federal government, even when community members are in need of law enforcement assistance.

“Given the complex history between tribes and the United States, tribal members are understandably wary of the federal government, even when community members are in need of law enforcement assistance.301”

• cites [301]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

TLOA and VAWA allow for and encourage tribes to continue to implement traditional, alternative sentencing where appropriate.

“Although both TLOA and VAWA, respectively, allow for and encourage tribes to continue to implement traditional, alternative sentencing where it is appropriate, 304”

• cites [304]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

There are significant cultural gaps between tribal communities and federal policing.

“Moreover, there are significant cultural gaps between tribal communities and federal policing.”

• cites [300]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

The United States is failing in its trust responsibility to Indian tribes.

“But it is failing in that duty.287”

• cites Eid, The Tribal Law and Order ActNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Communicating with witnesses and convincing them to travel distances to testify in often foreign courts is exceedingly difficult.

“Communicating with witnesses, as well as convincing them to travel those distances to testify in what are often seen as “foreign” courts, is exceedingly difficult.”

• cites [298]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

While a tension exists, it is possible for the ascension of tribal criminal authority and tribal cultural survival to coexist and even to mutually reinforce one another.

“This Part seeks to show that, while a tension undoubtedly exists, it is possible for the ascension of tribal criminal authority and tribal cultural survival to coexist and even to mutually reinforce one another.”

The ILOC's Roadmap, as well as a host of other sources, concluded definitively that tribes have to be at the center of efforts to protect reservation communities.

“The ILOC's Roadmap, as well as a host of other sources, concluded definitively that tribes have to be at the center of efforts to protect reservation communities.297”

• cites [297]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

The focus on making reparations, healing victims and offenders, and restoring community is more reflective of the lived experience of Native people.

“The “focus on making reparations, healing victims and offenders, and restoring community” is more reflective of the “lived experience” of Native people.295”

• cites [295]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

More robust sovereign authority in criminal justice forces tribes to adopt models of government that may be assimilative at their core.

“Paradoxically, then, more robust sovereign authority in this realm concomitantly forces tribes to adopt models of government that may, in fact, be assimilative at their core.”

Federal prosecutors' offices and courts can be hundreds of miles away.

“Federal prosecutors' offices and courts can be hundreds of miles away.”

• cites [298]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

As a general matter, tribes aspire and prefer to offer an array of restorative justice options.

“As a general matter, tribes aspire and prefer to offer an array of restorative justice options, 296”

• cites [296]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Because of the unique relationship between the federal government and Indian tribes, the United States has a trust responsibility to Indian tribes.

“Because of the unique relationship between the federal government and Indian tribes, the United States has a trust responsibility to Indian tribes.286”

• cites Wood, Indian Land and the Promise of Native SovereigntyNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Singer, supra note 15Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

The ILOC's report contains evidence, also found within the record of consultation between tribal and federal governments regarding TLOA, that tribes and tribal leaders overwhelmingly expressed a desire for greater use of alternatives to detention in Indian country.

“The ILOC's report is replete with evidence-also found within the record of consultation between tribal and federal governments regarding the implementation of TLOA-that tribes and tribal leaders overwhelmingly “expressed a desire for greater use of alternatives to detention in Indian country.”305”

• cites [305]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Based on evidence from tribal communities and the writings of experts who have worked on the ground on issues of criminal justice on reservations, there is a broad consensus that putting authority back into tribes and tribal governments will, on net, have positive benefits for safety and security on reservations.

“Setting aside whether such an approach would be beneficial nationally, based on evidence from tribal communities and the writings of experts who have worked on the ground on issues of criminal justice on reservations, there is a broad consensus that putting authority back into tribes and tribal governments will, on net, have positive benefits for safety and security on reservations.303”

• cites [303]Not matched

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Throughout Indian country, disputes are resolved in justice systems of many varieties, some of which may significantly deviate from American-style courts.

“Throughout Indian country, disputes are resolved in justice systems of many varieties, some of which may significantly deviate from American-style courts.”

• cites [319]Not matched

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Tribes may elect to integrate traditional practices at all stages of the criminal justice process.

“Tribes may, therefore, elect to integrate traditional practices at all stages of the criminal justice process.”

What we are witnessing in Indian country criminal justice is the indigenization of modernity; that is, where tribes seek to take the best of the Western model while still focusing on tribal laws, traditions, and values.

“What we are witnessing in Indian country criminal justice is the “indigenization of modernity”; 322 that is, where tribes seek to take the best of the Western model while still focusing on tribal laws, traditions, and values.323”

• cites [322]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites [323]Not matched

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Past practice tells us that indigenous alternatives in tribal communities can flourish where tribes have the resources to implement them.

“Past practice tells us that indigenous alternatives in tribal communities can flourish where tribes have the resources to implement them.”

This creates a severe detriment to public safety in Indian country.

“This creates a severe detriment to public safety in Indian country.”

Tribes have historically expressed skepticism around various procedural features of the American criminal justice system.

“Tribes have historically expressed skepticism around various procedural features of the American criminal justice system.”

• cites [319]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

By seeking cultural match between core tribal infrastructure and contemporary governance, the chances of success in terms of economics, health, safety, welfare, and well-being increase dramatically for tribes.

“By seeking this “cultural match” between core tribal infrastructure and contemporary governance, the chances of success-in terms of economics, health, safety, welfare, and well-being-increase dramatically for tribes.324”

• cites [324]Not matched

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Costs stand as the greatest barrier to making any kind of meaningful change in criminal justice in Indian country.

“Costs stand as the greatest barrier to making any kind of meaningful change in criminal justice in Indian country.”

Despite enthusiasm for alternatives to incarceration, leaders and policymakers at the tribal, state, and federal levels all agree that there are certain crimes that are best handled within the federal and state adversarial court system.

“Despite the enthusiasm for alternatives to incarceration, leaders and policymakers at the tribal, state, and federal levels all agree that there are certain crimes that are best handled within the federal and state adversarial court system.”

• cites [321]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Federal policies, with a focus on domination and subordination, have led to economic, social, and political marginalization within once healthy and self-sustaining Indian nations.

“Federal policies, with a focus on domination and subordination, have led to “economic, social, and political marginalization within once healthy and selfsustaining Indian nations.””

As the ILOC and ample evidence from Indian country demonstrate, the most functional Indian country criminal justice systems are those where the sovereigns work together.

“Finally, as the ILOC and ample evidence from Indian country demonstrate, the most functional Indian country criminal justice systems are those where the sovereigns work together.”

• cites [331]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

If one examines crime rates, particularly rates of domestic violence, both in Alaska and in the northern Plains, it becomes apparent that the poorest, most vulnerable tribes will largely go unprotected by these statutory changes.

“In fact, if one examines the crime rates-and particularly the rates of domestic violence-both in Alaska and in the northern Plains, it becomes apparent that the poorest, most vulnerable tribes will largely go unprotected by these statutory changes.334”

• cites [334]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Due to impediments laid out in Part I, cases oftentimes are not prosecuted once they are referred to federal or state authorities.

“Unfortunately, due to all the impediments laid out in Part I, cases oftentimes are not prosecuted once they are referred to federal or state authorities.”

Victims are deterred from reaching out to law enforcement in the case of future incidents.

“Victims are also then deterred from reaching out to law enforcement in the case of future incidents.346”

• cites [346]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

The murkiness of arrest authority is more problematic when considered in the context of tribes' special domestic violence criminal jurisdiction (SDVCJ) under VAWA.

“The murkiness of arrest authority is even more problematic if considered in the context of tribes' SDVCJ under VAWA.”

For many tribes, intergovernmental agreements with surrounding sovereigns have served as the cornerstone of the most functional policing system, allowing cooperation, resource pooling, and crime reduction.

“For many tribes, this has served as the cornerstone of the most functional policing system, allowing cooperation between sovereigns who can work together, pool resources, and make a dent in the current crime epidemic.352”

• cites Fletcher, A Unifying Theory of Tribal Civil Jurisdiction, 46 ARIZ. ST. L.J. 779, 816-17 (2015)Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

VAWA does not address cases of sexual assault or rape when the non-Indian perpetrator is a stranger to the reservation.

“But VAWA does not address cases of sexual assault or rape when the non-Indian perpetrator is a stranger to the reservation.353”

• cites 25 U.S.C. § 1304(b)(4) (2014)Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Leaving arrest authority as an open question has a profoundly negative impact on Indian tribes.

“Leaving arrest authority as an open question has a profoundly negative impact on Indian tribes.”

Tribes that have implemented VAWA have demonstrated specific ways in which the law does not go far enough.

“While tribes continue to contemplate steps forward, those that have implemented VAWA, in particular, have demonstrated specific ways in which the law does not go far enough.”

The pilot project tribes have articulated a desire for authority to charge crimes committed against child victims and other collateral crimes.

“Likewise, the pilot project tribes have articulated a desire for authority to charge crimes committed against child victims and other collateral crimes as well.354”

• cites Tulalip Tribes, Press Release, VAWA 2013 and the Tulalip Tribes Jurisdiction Over Crimes of Domestic Violence, TULALIP TRIBES (Oct. 5, 2015)Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.