Tuesday, August 12, 2008
Congress Should Allow Tribal Courts More Jurisdiction, Professor Says
Writing on the Op/Ed page of the New York Times Sunday, Bruce Duthu, a Dartmouth professor of Native American Studies, has called for Congress to clearly establish the authority of Indian tribes to investigate and prosecute all crimes occurring on Indian lands — no matter whether tribal members or nonmembers are involved. Citing the sexual assaults against women that are not prosecuted, Duthu suggested that tribal courts be given jurisdiction of over non-members and non-Indians.
Subscribe to:
Post Comments (Atom)
This is so true. Jurisdiction has always been an ambiguous matter, in other words, clear as mud. Both non-Indians and Indians understand this and are not afraid of raping and sexually assaulting anyone. The Feds are so backlogged, that it is years before a felon is prosecuted, if ever. Some tribes do not honor other tribes/legal entities warrants for felons. They can therefore hide on the Rez and being fully protected from the law. The Blackfeet Tribe recently passed a resolution making it against the law for others to pick up a felon on the reservation. Later, it was found the law was initiated by a council man whose son recently fled to the Blackfeet Reservation. This is so sick. The councilman is a perp, I would guess.
ReplyDeleteIf Congress were to grow some courage and do this, it would be a huge step toward rectifying the erosion of sovereignty that began with the 1978 Oliphant case. And, the Supreme Court would likely uphold it, as their stated criteria has been that tribal courts can have as much jurisdictional sovereignty as Congress grants them.
ReplyDeleteThis, unfortunately, wouldn't be an acknowledgment of inherent sovereignty, but for tribal courts' purposes, would be a good work around.
If only this were so! It would alleviate a lot of problems faced by our local law enforcement. We are still being treated as though we are little children..unable to handle our own affairs. True sovereignty would entail our local law enforcement being able to enforce the laws on all citizens within our boundaries. Counties, cities, towns, States all have this right. American Indian Reservations sadly do not.
ReplyDelete