Archives for April 2013

U.S. Departments Develop Long Term Plans in Building Tribal Justice Systems

America certainly does their part as a judicial system of worth when they continuously continue the pursuit of fair Tribal Justice. Under a new request granted in March 2013 to the White Earth Nation, the U.S. will assume criminal jurisdiction on the White Earth reservation with a square mile of 1,300 in north Minnesota. It is the first action under the Tribal Law and Order Act of 2010 of this kind and allows the Justice Department concurrent federal jurisdiction in the prosecution of major crimes in Indian county, as well as state criminal jurisdiction.
Deputy Attorney General Cole signed the letter to the tribe, which will be effective from June 1 2013. State, County and Tribal law enforcement agencies and prosecutors also continues their criminal jurisdiction in White Earth reservation. A special Native American Issues Coordinator will liaise between government and Indian County and his work also involves all issues around Indian County as well as the Tribal Justice Plan’s implementation.
The Indian Health Service will receive partnership assistance from the FBI’s Office of Victim Assistance and a Sexual Assault Nurse, as well as a Sexual Assault Response Team to assist in Indian County to combat victims of abuse and sexual abuse.
Alaska Native and American Indian Tribes can apply for funding as there are grants set aside for tribal people. Towards the end of 2010 $127 million was awarded by the Department to over 130 Alaska Native and American Indian communities towards the enhancement of justice systems, law enforcement, and sexual assault, and substance abuse, violence against women, correctional alternatives, juvenile justice and tribal youth programs. A year later a further $118.4 million was awarded towards the same causes for tribal people. In 2012 over $101 million was awarded again and for the year 2013 the award announcement for the tribal government will be released around middle of the year.

Recent Post

The Need For Tribal Justice

Tribal justice refers to the system of dispensing justice to the tribal group. On many occasions, we can see that tribal people are often met out injustice as they belong to a class of lesser privileged people. However, owing to the laws of equality, which states that all men are equal in the eyes of law, it is absolutely mandatory that tribal justice be met… more

Tribal Court Assistance Program

BJA’s Tribal Courts Assistance Program (TCAP) is one of the U.S. Department of  Justice’s primary initiatives for providing court-related support to tribal justice systems. Since fiscal year (FY) 1999, BJA has awarded 259 grants to federally recognized American Indian and Alaska Native communities through a highly competitive process. TCAP’s goal is to develop new tribal courts, improve the operations of existing tribal courts, and provide… more

America urges Tribal People to Strengthen the Tribal Justice System

America under the governing of President Obama has in recent years strongly urged tribal people to enforce better laws and assisted to ensure the safety and wellbeing of the Tribal people. Tribal justice systems received over 245 million for the improvement of their justice systems. The law enforcement of tribes must be strengthened to ensure the safety of especially women and children.
The Umatilla tribes under Tribal law and Order Act, uses Native American courts for the trails of their people and do not rely on federal courts and authorities. In a census done by government it is found that sixty present of all tribes has a judicial system and they use their own system as well as incorporating more traditional practices to try and to punish cases.
Justice in the Native American reservations differs completely from the rest as many communities do not require trained lawyers and judges. Defendants in some tribes are not provided with legal counsel and they incorporate traditional law. In many cases an offender will not receive punishment as the tribal council will focus on reconciliation of two parties’ instead of punishment. This is why there is an outcry from women’s rights organizations as perpetrators against women do not always receive due punishment.
The federal government stepped in and overshadow tribal rule and determined that major crimes fall under federal jurisdiction even if they are committed on a reservation. Tribal people can enforce Tribal justice within their tribe for the prosecution of misdemeanors only and jailing for up to one year. Unfortunately federal authorities often decline cases from Indian County, which was referred to them for prosecution, even with violent crime more than twice the amount in Indian county than national rate.
Later in 2010 a new Tribal Law and Order act was passed by Congress, allowing a tribe the ability to take felony cases and three year sentences can be handed down. Tribal jails, according to reports are overcrowded and understaffed, thus a pilot program to jail tribal people in federal or county jails is conjunction with Bureau of Prisons.

Recent Post

The Need For Tribal Justice

Tribal justice refers to the system of dispensing justice to the tribal group. On many occasions, we can see that tribal people are often met out injustice as they belong to a class of lesser privileged people. However, owing to the laws of equality, which states that all men are equal in the eyes of law, it is absolutely mandatory that tribal justice be met… more

Tribal Court Assistance Program

BJA’s Tribal Courts Assistance Program (TCAP) is one of the U.S. Department of  Justice’s primary initiatives for providing court-related support to tribal justice systems. Since fiscal year (FY) 1999, BJA has awarded 259 grants to federally recognized American Indian and Alaska Native communities through a highly competitive process. TCAP’s goal is to develop new tribal courts, improve the operations of existing tribal courts, and provide… more