"One in three American Indian women will be raped in their lifetimes, statistics gathered by the United States Department of Justice show. But the odds of the crimes against them ever being prosecuted are low, largely because of the complex jurisdictional rules that operate on Indian lands. Approximately 275 Indian tribes have their own court systems, but federal law forbids them to prosecute non-Indians. Cases involving non-Indian offenders must be referred to federal or state prosecutors, who often lack the time and resources to pursue them.
Congress should enact legislation to overrule the Oliphant decision and reaffirm the tribes’ full criminal and civil authority over all activities on tribal lands. This law should also lift the sentencing constraints imposed in 1968 that restrict the criminal sentences that tribal courts can impose to one year in jail and a $5,000 fine. In cases of rape, state court sentences typically exceed 8 years, while federal sentences are more than 12 years. Tribes should have the latitude to impose comparable sanctions. (A bill pending in Congress would extend tribal sentencing authority to three years, with more latitude in cases of domestic violence, but its prospects of passage are uncertain.)
Congress recently allocated $750 million for enhancing public safety in Indian country. This money will help tribes hire and train more police, build detention facilities and augment federal investigative and prosecutorial capacity for Indian country crimes. Ideally, the grant process will be efficient enough to make sure that this money reaches the places most in need.
But financial aid will not be enough to stop sexual violence against Indian women. Tribal courts have grown in sophistication over the past 30 years, and they take seriously the work of administering justice. Congress must support their efforts by closing the legal gaps that allow violent criminals to roam Indian country unchecked."
Get the Story:N. Bruce Duthu: Broken Justice in Indian Country (The New York Times 8/11)
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