Indigenous Governance
Database
Violence Against Women Reauthorization Act (VAWA 2013)
Tribe asserts DV jurisdiction over non-Indians
The U.S. Department of Justice has reported that American Indian women “are more than 2.5 more likely to be raped or sexually assaulted than women in the USA in general”. The DOJ also reports, per its Bureau of Justice Statistics, that at least 70 percent of the “violent victimizations experienced…
Tribes reach key milestone with jurisdiction provisions of VAWA
The tribal jurisdiction provisions of the the Violence Against Women Act became effective nationwide on Saturday, clearing the path for non-Indians to be held accountable for abusing their Indian partners. Congress enacted S.47 to recognize tribal authority to arrest, prosecute and punish non-…
Tribes now free to prosecute non-Indians for certain crimes
American Indian tribes that meet certain criteria now have the authority to prosecute non-Indians for a limited set of domestic violence crimes, a shift supporters hope will reduce the high rate of violence on reservations. Three tribes in Arizona, Oregon and Washington state have exercised that…
VAWA 2 Years Later
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…
Vice President Biden Speaks at the 2014 White House Tribal Nations Conference
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…
Implementing VAWA's Expanded Jurisdiction in Our Tribal Courts
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.
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
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…
Tribal Code Development Checklist for Implementation of Special Domestic Violence Criminal Jurisdiction
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…
Resource Center for Implementing Tribal Provisions of the Violence Against Women Act (VAWA): Webinars
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;…