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Obama To Sign Tribal Law And Order Act Today

This is a significant step forward for justice on the tribal reservations, especially the women who are the victims of widespread domestic violence and sexual crimes:

A measure designed to ease stubbornly high rates of violent crime, including rape and sexual assault, within Indian reservations will be signed into law by President Obama on Thursday.

Advocates of the Tribal Law and Order Act, which took three years to put together and passed the Senate last week, say it will ensure that more crimes, including murders and serious assaults, are reported and prosecuted amid worries that many cases go unpunished.

The measure gives tribal courts tougher sentencing powers and sets stricter rules to gather and collect more data on crimes. Special U.S. prosecutors will be appointed to tackle what advocates of the law describe as an epidemic of violence.

The president is due to sign the bill into law during a ceremony at the White House on Thursday afternoon.

Supporters said the current congressional session was the most active in decades in improving conditions for Indian reservations. Earlier this year, Obama signed a law that boosted health-care provisions for Indian communities.

The reservations overall have violent-crime rates of more than twice the national average, according to a congressional investigation.

Indian Country Today has more:

Also, tribes prosecuting individuals for crimes that could land them in jail for more than a year must provide defendants with the same right to a lawyer that they would have in state or federal court.

“The 1968 Indian Civil Rights Act notably did not include a right to counsel even though it is a constitutional (6th Amendment) right that also applies to the states,” said Navajo lawyer Chris Stearns. “My understanding is that this giant exception was made because back then no one thought that tribes would be able to pay for attorneys, or that there were even attorneys around at all on the reservation.”

[...] Whitney Phillips, a spokeswoman for Rep. Stephanie Herseth Sandlin, D-S.D., a major champion of the bill in the House, said tribes that don’t have the resources to provide defense counsel or house inmates for longer sentences can continue to operate under the existing one-year sentencing provisions in the Indian Civil Rights Act, which does not require that defense counsel be provided.

“Because the provision is optional, it will not place any additional costs on tribes who choose not to participate in the enhanced sentencing provision,” Phillips said.

Hannah August, a spokeswoman for the Department of Justice, said the law will not cost tribes anything unless they choose to exercise the enhanced sentencing authority it provides.

Of course, that places the cost burden on the tribes, and not all of them can afford it. So they'll be "allowed" to maintain a two-tiered system of justice if they can't pay for the better version -- which, come to think of it, makes them just like the rest of our country!

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15 Comments
Evet's picture

if all human beings on earth just behaved in a calm, focused, and civilized manner.

capnmike's picture

OK, if as the Indians claim their reservations are really not part of the USA, and they want to issue their own passports and not be subject to our laws or pay our taxes, why the hell aren't they taking care of their OWN problems instead of asking or expecting us to do it for them?

When you think about it.

donquijoterocket's picture

That, and because they're human beings.

Susie Madrak's picture

http://en.wikipedia.org/wiki/Tribal_sovereign...

It's a general overview of how it works.


A former award-winning journalist and lifelong class warrior, keeping a jaundiced eye on the Washington elite.

Proud American Liberal's picture

the Great White Father requires them to.

Rich H's picture

This will certainly address the reasons that have caused life on the reservations to have double the violent crime rate of the rest of the U.S.

Ok, not really.

It might actually help to address the problems prior instead of finding easier, more efficient (and more costly) ways to imprison someone.

Samson-'s picture

however helpful from a law&order POV, this does nothing to address the underlying conditions...

anything else to make life for native americans more miserable.

Samson-'s picture

oh... wait... nevermind...

Proud American Liberal's picture

etc.,etc.

burnt's picture

I turned my back on this sad pathetic part of my heritage/lineage, years ago. my Inuit father is a deadbeat dad, who sits safe & sound up in Alaska crowing about his noble heritage while ignoring those whom he supposedly created to carry on his family name.

I grew up in Nez Perce country and knew a lot of kids with Nez Perce dads who did the same damn thing. the older I get, I've met tons of kids with deadbeat Navajo, Paiute, Cherokee, Sioux, etc fathers .. who again, have done the same damn thing.

put on some ridiculous looking headdress a couple times a year and dance around and tell the local newscaster how important it is to care for the environment .. then spend the rest of your life in a trailer sucking down a bottle of Wild Turkey collecting paychecks, working under the table, ducking child support, and beating up your girlfriend.

I know our nation's forefathers did some terrible things to the Native Americans but the fact that your great great grandfather was attacked 150 years ago is no excuse for selling a bunch of tweek and hiding out from the law on a reservation.

if anything, this bill sends a message of unity to the Native Americans. if we were to put a wall and armed guards around reservations, then we'd be no better than how Israel treats the Palestines. bills and laws like this one help to integrate them into the nation which they should be a part of.

Proud American Liberal's picture

would make all of that right, I would speak it with all my heart. Because I don't, I can only wish you well, that you will walk in beauty. Ya-ta-hey (from my heart to yours).

The federal government appropriated all felony jurisdiction on reservations to itself in 1884 with the Major Crimes Act. By federal law, tribal governments cannot impose any legal penalties greater than 1 year in jail and/or $5,000 (basically a misdemeanor). To make matters even worse, the Supreme Court ruled in Oliphant v Suquamish Tribe (1978) that tribes have no criminal jurisdiction at all over non-Indians.

At the same time they have consistently refused to adequately fund or staff law enforcement on the reservations. The FBI has traditionally used assignment to areas with high numbers of reservations (like Aberdeen SD, Billings, MT, or Flagstaff, AZ) as a punishment detail for screw ups and trouble makers. The tribes themselves generally have few resources of their own with which to combat crime effectively.

mudshark's picture

I'm sure the women who may get justice for being beaten or raped will appreciate this.
I can see no down side to this.
Yes, it's a small accomplishment for the WH. But It's a big accomplishment for the women who are being mistreated. At least they have a recourse to get justice.
I find it disturbing that women on reservations are being treated like this. Most crimes go unpunished or even reported?
I know women in general aren't treated equally. I know that some are abused.
Maybe this will help more women. If that's the case, I'm all for it.


What is your conceptual, continuity?

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