Tribal Law and Order Act: None of the Surveyed Tribes Reported Exercising the New Sentencing Authority, and the Department of Justice Could Clarify Tribal Eligibility for Certain Grant Funds. Report to Congressional Requesters.

摘要

The Tribal Law and Order Act of 2010 (TLOA) recognizes that instances of crime have increased on Indian reservations, and concerns have been raised as to whether tribal courts are able to impose sentences stringent enough to help deter such criminal activity. Prior to the enactment of TLOA, federal law limited tribal courts to imposing prison terms of no greater than 1-year per offense for convicted defendants. We reported in February 2011 that tribal officials said that the 1-year limit on prison sentences did not serve as an effective deterrent against criminal activity and may have contributed to the high levels of crime and repeat offenders in Indian country. We also reported that, as a result of the limited sentencing authorities of tribal courts, tribes will often rely on the federal government to investigate and prosecute more serious offenses, such as homicide, because a successful federal prosecution of such offenders could result in a lengthier prison sentence and better ensure justice for victims of crime in Indian country. However, acknowledging that tribal justice systems are often the most appropriate institutions for maintaining law and order in Indian country, TLOA states that its purpose is to, among other things, empower tribal governments to effectively provide public safety and reduce the prevalence of violent crime in Indian country. For example, TLOA authorizes tribal courts to impose upon certain convicted defendants terms of imprisonment of up to 3 years per offense, provided the tribes afford certain rights to defendants, which are discussed.