NYTs: Indian Country Crime High, Prosecutions Low


An excerpt:

“One of the basic problems is that not only are they declining to prosecute cases, but we are not getting the reason or notification for the declination,” said Jerry Gardner of the Tribal Law and Policy Institute in West Hollywood, Calif., which works with tribes to develop justice programs. “The federal system takes a long time to make a decision, and when it comes to something like a child sexual assault, the community gets the message that nothing is being done.”

Under federal law, tribal courts have the authority to prosecute tribal members for crimes committed on reservations, but cannot sentence those convicted to more than three years in prison. As a result, tribes usually seek federal prosecution for serious crimes.

This entry was posted in Author: Matthew L.M. Fletcher, Criminal, News and tagged , . Bookmark the permalink.

One Response to NYTs: Indian Country Crime High, Prosecutions Low

  1. T Sawyer says:

    There is absolutely no reason that tribes cannot prosecute these crimes. The Supreme court has held that tribal prosecutions are not double jeapardy with respect to federal prosecutions.

    Most tribal codes have abanishment procedure. Tack banishment onto a one year incarceration and if the problem is not solved, at least it goes away.

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