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- Title
LAW & ORDER TRIBAL EDITION: How the Tribal Law and Order Act Has Failed to Increase Tribal Court Sentencing Authority.
- Authors
Hermes, Ed
- Abstract
In July 2010 Congress passed the Tribal Law and Order Act ("TLOA") in a rare showing of consensus. The TLOA was passed by a wide margin in the U.S. House of Representatives and by unanimous consent in the U.S. Senate. The TLOA created grant programs for tribal governments, reporting requirements for federal prosecutors, and pilot programs in an effort to combat high crime rates in Indian Country. Perhaps its most celebrated change was to increase the criminal sentencing authority for tribes that comply with statutory provisions meant to protect rights of the accused. The Act was heralded as a watershed moment in stemming the high crime rates in Indian Country, especially the provision that increased tribal courts' sentencing authority from one to three years. Despite this alleged achievement, over two years after its passage, only two tribes have taken the TLOA up on its offer of increasing their authority to sentence Indian criminals. This article explores the crime epidemic in Indian Country that prompted the TLOA and why tribes have not embraced its provision for increased sentencing authority. Additionally, this article recommends a new legislative proposal that would allow the U.S. Department of Justice to tailor increased tribal sentencing authority to the needs and abilities of tribes.
- Subjects
UNITED States; TRIBAL law (Native Americans); UNITED States. Congress. Senate; CRIMINAL sentencing; INDIAN country (United States law); NATIVE American criminals; NATIVE American courts
- Publication
Arizona State Law Journal, 2013, Vol 45, Issue 2, p675
- ISSN
0164-4297
- Publication type
Article