Friday, February 07, 2014

On The American Model of Criminal Jurisdiction

I read this and I'll admit that the subject of limited jurisdiction is foreign to me:-

3 tribes authorized to prosecute non-Native American men in domestic violence cases

The Justice Department announced Thursday that it has chosen three American Indian tribes for a pilot project in which they will be authorized, for the first time, to prosecute non-Indian­ men for certain crimes of domestic violence against Indian women.

The tribes — the Pascua Yaqui of Arizona, the Tulalip of Washington state and the Umatilla of Oregon — will be the first of the nation’s federally recognized 566 Indian tribes to exercise criminal jurisdiction over domestic and dating violence when a non-Indian man is involved.

...“This represents a significant victory for public safety and the rule of law, and a momentous step forward for tribal sovereignty and self-determination,” Attorney General Eric H. Holder Jr. said in a statement.

In other words, within the sovereign terrritory of the United States there are pockets of territory, "reservations", in which, untill now, the residents therein were severely limited as to their ability to use the law of the land to their advantage and protection.  Indian tribes did not have inherent criminal jurisdiction over non-Indians.

Is that a model we could apply to the Arabs of Judea and Samaria?  Or maybe the reverse?

Consider this

In 1978, the Supreme Court prohibited all Indian tribes from exercising criminal jurisdiction over non-Indian defendants, including in the case of domestic offenses committed by non-Indian abusers against their Indian spouses and dating partners.Under the court decision, Oliphant v. Suquamish Indian Tribe, even a violent crime that was committed by a non-Indian husband against his Indian wife in their home on a reservation could not be prosecuted by the tribe, which has jurisdiction for crimes committed on the reservation.

American democracy.



Tribal sovereignty in the United States is the inherent authority of indigenous tribes to govern themselves within the borders of the United States of America. The federal government recognizes tribal nations as "domestic dependent nations" and has established a number of laws attempting to clarify the relationship between the federal, state, and tribal governments. The Constitution and later federal laws grant local sovereignty to tribal nations, but do not grant full sovereignty equivalent to that of foreign nations, hence the term "domestic dependent nations".

1 comment:

albina N muro said...

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