The VAWA itself isn’t new policy, but a new aspect in this most recent iteration of the law is expanding the jurisdiction of American Indian tribes to non-tribal members. The tribes complain that they lack the authority to apply the law to non-tribal members who commit often horrible crimes in their jurisdictions. While we may be sensitive to that complaint, what are not getting nearly enough attention are the rights of the accused. Can non-tribal members expect to get a fair trial in tribal courts? That probably depends on the tribe, but what needs to be acknowledged is that the tribes have a poor track record in this area. Can we say that non-tribal members will generally get a fair trial from courts and juries staffed almost exclusively with tribal members? And suppose a non-tribal member is victimized by a tribal member. Can we depend on the tribal courts to bring one of their own to justice?Get the Story:
ROB PORT: Tribal courts’ track records don’t inspire confidence (The Grand Forks Herald 3/18)
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