domestic violence

Hopi Revises Criminal Code, Regains Sovereignty

Year

Crime rates in Indian Country are more than twice the national average. But for decades antiquated criminal codes have limited what tribal courts could do.

For example, crimes like child abuse and sexual assault didn’t exist on the books. And, tribal judges couldn’t sentence a defendant to more than a year in jail. But that's changing now. The Hopi Tribe has recently revised its criminal code and as a result is regaining a degree of tribal sovereignty in its court system...

Native Nations
Resource Type
Citation

Morales, Laurel. "Hopi Revises Criminal Code, Regains Sovereignty." Fronteras: The Changing America Desk. March 8, 2013. Article. (https://fronterasdesk.org/content/6793/hopi-revises-criminal-code-regains-sovereignty, accessed July 17, 2023)

VAWA 2 Years Later

Producer
Native America Calling
Year

It’s been just over 2 years since Congress reauthorized the Violence Against Women Act. In February of last year, three tribes participated in a pilot project to exercise the special domestic violence criminal jurisdiction (SDVCJ) portion of the law. Under SDVCJ, some tribes can prosecute Natives and non-Natives for domestic violence, dating violence or violation of some protection orders in Indian country. Tribes must meet certain requirements in order to assert jurisdiction but some are questioning if a non-Native can get a fair trial in tribal court. Join us as we discuss the outcomes of the pilot projects.

Guests:

Matthew Fletcher (Grand Traverse Band of Ottawa and Chippewa Indians) — director of the Indigenous Law & Policy Center at Michigan State University

Deborah Parker (Tulalip Tribes) — Councilwoman for the Tulalip Tribes

Alfred Urbina (Pascua Yaqui) — Attorney General for the Pascua Yaqui Tribe

Resource Type
Citation

"VAWA 2 Years Later." Native America Calling. April 2, 2015. Audio. (http://www.nativeamericacalling.com/thursday-april-2-2015-vawa-2-years-later/, accessed April 6, 2015)

Vice President Biden Speaks at the 2014 White House Tribal Nations Conference

Producer
The White House
Year

On December 3, 2014, Vice President Joe Biden addressed the 2014 White House Tribal Nations Conference. At the conference, leaders from the 566 federally-recognized Native nations engaged with the President, Cabinet Officials, and the White House Council on Native American Affairs on key issues facing tribes including, respecting tribal sovereignty and upholding treaty and trust responsibilities, lack of access to capital and credit, and protecting Native women and youth.

People
Citation

"Vice President Biden Speaks at the 2014 Tribal Nations Conference." The White House. Washington, D.C. 2014. Film. (https://www.youtube.com/watch?v=9MlrrNDndjI#t=10, accessed January 30, 2015).

Implementing VAWA's Expanded Jurisdiction in Our Tribal Courts

Producer
National Congress of American Indians
Year

In coordination with the Tribal Law and Policy Institute, NCAI hosting this webinar on April 5, 2013. In this webinar, panelists discussed the Violence Against Women Act (VAWA) provisions that expands tribal court jurisdiction over all persons for certain crimes committed on the reservation.

Citation

National Congress of American Indians. Implementing VAWA's Expanded Jurisdiction in Our Tribal Courts. National Congress of American Indians. Washington, D.C. April 5, 2013. Video. (https://www.youtube.com/watch?v=igUa0z8Lo7E, accessed July 21, 2023)

Tribal Code Development Checklist for Implementation of Special Domestic Violence Criminal Jurisdiction

Year

This checklist (click to download) is designed as a tool to assist tribal governments seeking to develop tribal codes that implement special domestic violence criminal jurisdiction (SDVCJ) under section 904 of VAWA 2013.

Tribal governments will likely be amending existing criminal codes, and every tribe faces different circumstances, so tribes will need to work with an attorney to develop codes that are tailored to their unique needs. This checklist includes citations to existing tribal codes addressing provisions of the new law (Pascua Yaqui Tribal Codes; Umatilla Criminal Code; Tulalip Tribes; Eastern Band Cherokee).

Citation

National Congress of American Indians. Tribal Code Development Checklist for Implementation of Special Domestic Violence Criminal Jurisdiction. National Congress of American Indians. Washington, D.C. August 2014. Tools. (https://tribalvawa.files.wordpress.com/2014/09/tribal-code-development-checklist-for-implementation-aug-20142.pdf, accessed February 15, 2024)

Resource Center for Implementing Tribal Provisions of the Violence Against Women Act (VAWA): Webinars

Year

The Intertribal Technical-Assistance Working Group on Special Domestic Violence Criminal Jurisdiction (ITWG) has participated in a series of webinars focused on defendants' rights issues (including indigent counsel); the fair cross section requirement and jury pool selection; prosecution skills; and victims' rights. A webinar was also held to review DOJ's Application Questionnaire for the Pilot Project.

Native Nations
Resource Type
Citation

National Congress of American Indians Resource Center for Implementing Tribal Provisions of the Violence Against Women Act (VAWA): Webinars. National Congress of American Indians. Washington, D.C. 2014. Tools. (http://www.ncai.org/tribal-vawa/resources/webinars, accessed October 18, 2023)

Attorney General's Advisory Committee on American Indian/Alaska Native Children Exposed to Violence: Ending Violence so Children Can Thrive

Year

This report was created as part of the Defending Childhood Initiative created by Attorney General Eric H. Holder, Jr. This initiative strives to harness resources from across the Department of Justice to:

  • Prevent children's exposure to violence.
  • Mitigate the negative impact of children's exposure to violence when it does occur.
  • Develop knowledge and spread awareness about children's exposure to violence.
Resource Type
Citation

"Attorney General's Advisory Committee on American Indian/Alaska Native Children Exposed to Violence: Ending Violence so Children Can Thrive." Office of Juvenile Justice and Delinquency Prevention. United States Department of Justice. Washington, D.C. November 2014. Report. (http://www.washingtonpost.com/r/2010-2019/WashingtonPost/2014/11/17/Nati..., accessed March 3, 2023)

Considerations in Implementing VAWA's Special Domestic Violence Criminal Jurisdiction and TLOA's Enhanced Sentencing Authority: A Look at the Experience of the Pascua Yaqui Tribe

Author
Year

On February 20, 2014, pursuant to the Violence Against Women Reauthorization Act of 2013 (VAWA 2013), the Pascua Yaqui Tribe was one of only three Tribes across the United States to begin exercising Special Domestic Violence Criminal Jurisdiction (SDVCJ) over non-Indian perpetrators of domestic violence. Since that time, the Tribe has had 20 reported cases involving non-Indian defendants. On July 2, 2014, for the first time since 1978 when the U.S. Supreme Court stripped tribal governments of their criminal authority over non-Indians in Oliphant v. Suquamish Indian Tribe (1978), our tribe obtained the first conviction of a non-Indian, a 26-year-old Hispanic male, for the crime of domestic violence assault committed on the Pascua Yaqui Reservation. Throughout this process, the Pascua Yaqui Tribe has actively engaged in a process of sharing information with other tribes who are exercising (or considering exercising) powers restored under the Tribal Law and Order Act of 2010 and the Violence Against Women Act of 2013.

Native Nations
Resource Type
Citation

Urbina, Alfred and Melissa Tatum. 2014. Considerations in Implementing VAWA's Special Domestic Violence Criminal Jurisdiction and TLOA's Enhanced Sentencing Authority: A Look at the Experience of the Pascua Yaqui Tribe. Tucson, AZ: Pascua Yaqui Tribe. (http://www.ncai.org/tribal-vawa/getting-started/Practical_Guide_to_Imple..., accessed March 3, 2023).