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Posted: Oct 26, 2022 8:46 AMUpdated: Oct 26, 2022 8:46 AM

Tribal Courts Now Have More Power Over Non-Native Defendents

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Victoria Edwards

A new law allowing tribal courts to have more control over filing charges against non-Native persons has taken effect earlier this month and since then, several new cases have been filed in tribal courts as part of the broader Violence Against Women Act.

The change in law overturned the 1978 Supreme Court decision to limit the jurisdiction of tribal courts when a person who committed a crime against a tribal member was not also Indigenous. The 1978 law put restrictions on charges overall and also stated that Congress alone could grant jurisdiction. The law has hampered Native Americans from bringing cases against non-Natives for domestic and child abuse cases when it involved an non-tribal perpetrator. In 2013, the 1978 law was slightly modified but still included the Congressional oversight. Under the new law, the Congressional oversight has been removed so that tribal courts can now prosecute any person who is accused of harming a Native American, particularly when the incident occurs on a reservation or within tribal housing. The law now includes all forms of abuse, sexual trafficking, stalking, date rape/violence, assaulting a tribal officer in the course of carrying out his duties, obstructing justice or interferring with an investigation, and violating protective orders.

Studies have shown that 75% of Native women and children have experienced some form of violence at some point in their lives.


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