Double Jeopardy Is Okay…If You Are a Native American
If you are Native American and commit a criminal offense on an Indian reservation, it can be a crime in both the Indian community and the federal system. As a result of the United States Supreme Court’s decisions on the matter, the Indian Civil Rights Act, and subsequent legislation, Indians can go to jail (technically, there are no prisons on Indian reservations) and federal prison for the same crime. They can also be fined twice for the same criminal act. The Supreme Court’s rationale is based on their interpretation of the source of Indian governments’ powers and how they interact with the U.S. Constitution. The Supreme Court was also understandably concerned that an Indian could quickly plead out in an Indian jurisdiction to avoid federal prosecution. This often leads … Read entire article »
Filed under: Indian Law, SCOTUS Cases
Tribal Courts
Practicing law in Indian Country is a unique experience. I once had a tribal judge deny a motion to suppress in a possession of marijuana case because she thought my client did in fact possess the marijuana. I also did a change of plea once where the judge asked my client if he wished to change his plea, and after my client said “yes,” the judge said “okay, done” and called the next case. Tribal criminal codes are equally interesting. Where I’ve practiced, murder, possession of marijuana, and running a pyramid scheme are all punishable by a maximum of one year in custody. However, one year is not necessarily the max in tribal jurisdictions, as judges can and do stack counts, and the federal government often steps … Read entire article »
Filed under: Government Rants, Indian Law
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