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Tribal Laws on Indian land

I heard on our local news about a 15 yr boy getting raped in a bathroom at a casino that is on a Indian Reservation. The guy was caught, but only received 1 1/2 yrs in prison, but got about after 6 months. According to the Tribal Chief, he got ahold of the Federal Government asking them to put the suspect on trial in Fed court. Our government said no. I understand that they do have bigger fish to fry like terrorists, mad bombers and what not, but in the mean time they could of held the suspect in prison since the suspect's family would not be able to post bail. I think by the laws on the tribal lands so different from our laws is now an invite to anyone who wanted to do a crime on tribal land. If someone gets murdered the person only can receive up to 3 yr or so. I never even thought of this before until the news cast, anyone else know this??
And PLEASE do not shoot the messenger!!! :)

Answer Question
 
Michigan-Mom74

Asked by Michigan-Mom74 at 12:38 AM on Feb. 26, 2011 in Politics & Current Events

Level 34 (66,351 Credits)
Answers (11)
  • We have ALOT of "tribal" land here in WA. I've not heard of any of this. I will have to check it out.

    BTW child molesters get SUCH stupid punishment anyway whether on tribal land or not!! IMO molest a child....death
    WAganma56

    Answer by WAganma56 at 3:01 AM on Feb. 26, 2011

  • That would be great, but I wonder if this is the norm with all tribal land
    Michigan-Mom74

    Comment by Michigan-Mom74 (original poster) at 3:07 AM on Feb. 26, 2011

  • http://www.airpi.org/pubs/indinsov.html


    It is because they are considered soveriegn. [The U.S. Constitution recognizes Indian tribes as distinct governments.] The feds can't step in.

    jesse123456

    Answer by jesse123456 at 8:02 AM on Feb. 26, 2011

  • Then if they're considered "sovereign" why don't they hold their OWN court proceedings and impose their own set of punishments? Why would they be beholden to US or state laws, when the US or state cannot or will not intercede?!
    LoriKeet

    Answer by LoriKeet at 8:41 AM on Feb. 26, 2011

  • Well, lorikeet, it is more of the "don't tell me what to do, but, by the way, will you pay for this and that."
    jesse123456

    Answer by jesse123456 at 9:18 AM on Feb. 26, 2011

  • Well, lorikeet, it is more of the "don't tell me what to do, but, by the way, will you pay for this and that."

    ***
    Got it!! :o)
    LoriKeet

    Answer by LoriKeet at 11:09 AM on Feb. 26, 2011

  • Then if they're considered "sovereign" why don't they hold their OWN court proceedings and impose their own set of punishments? Why would they be beholden to US or state laws, when the US or state cannot or will not intercede?!

    Answer by LoriKeet 11 hours ago

    In 1978, the U.S. Supreme Court ruled that tribal governments have no criminal jurisdiction over non-natives.
    http://www.utulsa.edu/law/classes/rice/USSCT_Cases/Oliphant_v_Suquamish_435_191.htm
    Lornamay

    Answer by Lornamay at 8:05 PM on Feb. 26, 2011

  • It is because they are considered soveriegn. [The U.S. Constitution recognizes Indian tribes as distinct governments.] The feds can't step in.


    Answer by jesse123456 12 hours ago

    That is no longer the case. The Tribal Law and Order Act was signed into law by President Obama in July 2010.
    http://thomas.loc.gov/cgi-bin/bdquery/z?d111:H.R.725:

    Lornamay

    Answer by Lornamay at 8:25 PM on Feb. 26, 2011

  • Well, lorikeet, it is more of the "don't tell me what to do, but, by the way, will you pay for this and that."

    Answer by jesse123456 11 hours ago

    You got that wrong. From your own link, this is the way it is.

    American Indian Tribes Possess a "Nation-within-a-Nation" Status
    Treaties
    Treaties formalize a nation-to-nation relationship between the federal government and the tribes.


    Trust Responsibility
    In treaties, Indians reliquished certain rights in exchange for promises from the federal government. Trust responsibility is the government's obligation to honor the trust inherent to these promises and to represent the best interests of the tribes and their members.

    Lornamay

    Answer by Lornamay at 8:38 PM on Feb. 26, 2011

  • Any which way we look at, the poor kid was screwed over by our government, or the tribes government. From what little info I was to find it seems that the tribal chief tried to get a harsher punishment for the man who assaulted the 15 yr old and its why he wanted the fed gov. to either step in or give some kind of advice. I do understand the deal our fed gov made with the tribal law and its lands, but wouldn't it be different if the tribal chief asked for assistance??
    Michigan-Mom74

    Comment by Michigan-Mom74 (original poster) at 9:28 PM on Feb. 26, 2011

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