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The '''Tribal Law and Order Act of 2010''' is a law signed into effect by President Obama expanding the punishment abilities of Tribal Courts across the nation. It allowes Tribal Courts opperating in Indian Country to increase jail sentences handed down in criminal cases. This was a major step toward improving enforcement and justice in Indian Country. |
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Whereas before Tribal Courts were limited in punishment that could be handed down in criminal cases, giving them the impression of a lower, less serious court; they now possess the power under the Tribal Law and Order Act to pass increased sentences in order to incarcerate defendants longer. |
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==Justice Issues on Indian Reservations== |
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| ⚫ | In 2009, Attorney General [[Eric Holder]] made it a Department of Justice priority to increase engagement, coordination and action on public safety in Indian Country. Beginning with a Tribal Nations Listening Tour in October 2009, Attorney General Holder and other Department officials met with tribal leaders to engage in a dialogue on public safety and law enforcement issues critical to tribal communities.<ref name="j.gov">{{cite web |url=http://www.justice.gov/tribal/tloa.html | title= Tribal Law and Order Act | archiveurl= http://www.webcitation.org/6FmAw2Rla | archivedate= April 10, 2013 }}</ref> The Justice officials heard from tribal leaders about the pressing need for federal legislation and financial resources to help tribal public safety officials better address the problems facing their communities.<ref name="j.gov">{{cite web |url=http://www.justice.gov/tribal/tloa.html | title= Tribal Law and Order Act | archiveurl= http://www.webcitation.org/6FmAw2Rla | archivedate= April 10, 2013 }}</ref> They learned about the disproportionate rates of violence and victimization in tribal communities, and about the need to improve government-to-government collaboration and provide improved access to law enforcement and justice resources.<ref name="j.gov">{{cite web |url=http://www.justice.gov/tribal/tloa.html | title= Tribal Law and Order Act | archiveurl= http://www.webcitation.org/6FmAw2Rla | archivedate= April 10, 2013 }}</ref> Finally, Attorney General Holder and the Justice Department brought this message to Capitol Hill and worked in concert with members of the House and Senate to pass the Tribal Law and Order Act.<ref name="j.gov">{{cite web |url=http://www.justice.gov/tribal/tloa.html | title= Tribal Law and Order Act | archiveurl= http://www.webcitation.org/6FmAw2Rla | archivedate= April 10, 2013 }}</ref> |
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| ⚫ | The Tribal Law and Order Act of 2010 (Pub.L. 111–211, H.R. 725, 124 Stat. 2258, enacted July 29, 2010), signed into law by President [[Barack Obama]], enacts a United States law aimed at strengthening tribal law enforcement in order to remedy what some considered lax law enforcement on Indian reservations.<ref name="bja.gov">{{cite web |url=https://www.bja.gov/ProgramDetails.aspx?Program_ID=88 |title= TLOA|author=Bureau of Justice Assistance |date=January 5, 2012 | archiveurl= http://www.webcitation.org/6FmAcIhUz | archivedate= April 10, 2013 }}</ref> The purposes of the Tribal Law and Order Act are: Clarify the responsibilities of the federal, state, tribal, and local governments with respect to crimes in Indian Country, increase coordination and communication among federal, state, tribal, and local law enforcement agencies, empower tribal governments with the authority, resources, and information necessary to safely and effectively provide public safety in Indian Country, reduce the prevalence of violent crime in Indian Country and to combat sexual and domestic violence against Alaskan and Native American women, prevent drug trafficking and reduce rates of alcohol and drug addiction in Indian Country, increase and standardize the collection of criminal data to and the sharing of criminal history information among federal, state, tribal, and local officials responsible for responding to and investigating crimes in Indian Country.<ref name="bja.gov">{{cite web |url=https://www.bja.gov/ProgramDetails.aspx?Program_ID=88 |title= TLOA|author=Bureau of Justice Assistance |date=January 5, 2012 | archiveurl= http://www.webcitation.org/6FmAcIhUz | archivedate= April 10, 2013 }}</ref> TLOA authorizes expanded sentencing authority for tribal justice systems, clarifies jurisdiction in "PL 280 states," requires enhanced information sharing, authorizes liaisons within each U.S. Attorney's Office and encourages more intergovernmental collaboration between tribal, federal, state, and local governments.<ref name="bja.gov">{{cite web |url=https://www.bja.gov/ProgramDetails.aspx?Program_ID=88 |title= TLOA|author=Bureau of Justice Assistance |date=January 5, 2012 | archiveurl= http://www.webcitation.org/6FmAcIhUz | archivedate= April 10, 2013 }}</ref> |
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Once individual Indian Reservations began creating and opporating Tribal Courts they were faced with multiple issues including jursidictional questions, length of senteces that could be imposed, and sentencing guidelines to name a few. These newly formed Tribal Courts also found themselves dealing with a very large domestic violence problem on their Reservations. This problem became such an issue that it caught the attention of the United States Department of Justice. |
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==Passage of the Act== |
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| ⚫ | On a more local level, in August of 2012 the Eastern Band of Cherokee Indians in Cherokee, NC became the first Indian Tribe to enact the TLOA. With this passage it allowed the Cherokee Tribal Court to begin enhanced sentencing of defendants under their jurisdiction.<ref name="onefeather">{{cite web |url=http://theonefeather.com/2012/08/tribe-passes-enhanced-sentencing-law/ | title= Tribe Passes Enhanced Sentencing Law | archiveurl= http://www.webcitation.org/6FmBkL7iB | archivedate= April 10, 2013 }}</ref> |
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| ⚫ | In 2009, Attorney General [[Eric Holder]] made it a [[Department of Justice]] priority to increase engagement, coordination and action on public safety in [[Indian Country]]. Beginning with a Tribal Nations Listening Tour in October 2009, Attorney General Holder and other Department officials met with tribal leaders to engage in a dialogue on public safety and law enforcement issues critical to tribal communities.<ref name="j.gov">{{cite web |url=http://www.justice.gov/tribal/tloa.html | title= Tribal Law and Order Act | archiveurl= http://www.webcitation.org/6FmAw2Rla | archivedate= April 10, 2013 }}</ref> The Justice officials heard from tribal leaders about the pressing need for federal legislation and financial resources to help tribal public safety officials better address the problems facing their communities.<ref name="j.gov">{{cite web |url=http://www.justice.gov/tribal/tloa.html | title= Tribal Law and Order Act | archiveurl= http://www.webcitation.org/6FmAw2Rla | archivedate= April 10, 2013 }}</ref> They learned about the disproportionate rates of violence and victimization in tribal communities, and about the need to improve government-to-government collaboration and provide improved access to law enforcement and justice resources.<ref name="j.gov">{{cite web |url=http://www.justice.gov/tribal/tloa.html | title= Tribal Law and Order Act | archiveurl= http://www.webcitation.org/6FmAw2Rla | archivedate= April 10, 2013 }}</ref> Finally, Attorney General Holder and the Justice Department brought this message to [[Capitol Hill]] and worked in concert with members of the House and Senate to pass the Tribal Law and Order Act.<ref name="j.gov">{{cite web |url=http://www.justice.gov/tribal/tloa.html | title= Tribal Law and Order Act | archiveurl= http://www.webcitation.org/6FmAw2Rla | archivedate= April 10, 2013 }}</ref> |
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==What the Act Provides== |
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| ⚫ | |||
| ⚫ | The Tribal Law and Order Act of 2010 (Pub.L. 111–211, H.R. 725, 124 Stat. 2258, enacted July 29, 2010), signed into law by President [[Barack Obama]], enacts a [[United States]] law aimed at strengthening tribal law enforcement in order to remedy what some considered lax law enforcement on Indian reservations.<ref name="bja.gov">{{cite web |url=https://www.bja.gov/ProgramDetails.aspx?Program_ID=88 |title= TLOA|author=Bureau of Justice Assistance |date=January 5, 2012 | archiveurl= http://www.webcitation.org/6FmAcIhUz | archivedate= April 10, 2013 }}</ref> The purposes of the Tribal Law and Order Act are: Clarify the responsibilities of the federal, state, tribal, and local governments with respect to crimes in Indian Country, increase coordination and communication among federal, state, tribal, and local law enforcement agencies, empower tribal governments with the authority, resources, and information necessary to safely and effectively provide public safety in Indian Country, reduce the prevalence of [[violent crime]] in Indian Country and to combat sexual and [[domestic violence]] against Alaskan and [[Native American]] women, prevent [[drug trafficking]] and reduce rates of alcohol and [[drug addiction]] in Indian Country, increase and standardize the collection of criminal data to and the sharing of [[criminal history]] information among federal, state, tribal, and local officials responsible for responding to and investigating crimes in Indian Country.<ref name="bja.gov">{{cite web |url=https://www.bja.gov/ProgramDetails.aspx?Program_ID=88 |title= TLOA|author=Bureau of Justice Assistance |date=January 5, 2012 | archiveurl= http://www.webcitation.org/6FmAcIhUz | archivedate= April 10, 2013 }}</ref> TLOA authorizes expanded sentencing authority for tribal justice systems, clarifies jurisdiction in "PL 280 states," requires enhanced information sharing, authorizes liaisons within each U.S. Attorney's Office and encourages more intergovernmental collaboration between tribal, federal, state, and local governments.<ref name="bja.gov">{{cite web |url=https://www.bja.gov/ProgramDetails.aspx?Program_ID=88 |title= TLOA|author=Bureau of Justice Assistance |date=January 5, 2012 | archiveurl= http://www.webcitation.org/6FmAcIhUz | archivedate= April 10, 2013 }}</ref> |
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==References== |
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==Indian Tribes Using the Act== |
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| ⚫ | On a more local level, in August of 2012 the [[Eastern Band of Cherokee Indians]] in [[Cherokee, NC]] became the first Indian Tribe to enact the TLOA. With this passage it allowed the Cherokee Tribal Court to begin enhanced sentencing of defendants under their jurisdiction.<ref name="onefeather">{{cite web |url=http://theonefeather.com/2012/08/tribe-passes-enhanced-sentencing-law/ | title= Tribe Passes Enhanced Sentencing Law | archiveurl= http://www.webcitation.org/6FmBkL7iB | archivedate= April 10, 2013 }}</ref> |
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MAKE SURE ALL the codes (last, first, url, etc) is in lowercase, if you put a "L"ast instead of last, it will not show up on your page. |
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* "Sample Citation for a URL" <ref name="HR 313 URL"/> |
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* "Sample Citation for a Book" <ref name="Best Book Ever"/> |
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* "Sample Citation for a Journal" <ref name="Best Journal Ever"/> |
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* "Sample Citation for a weird book, .pdf, letter, etc. Something written that does not work with those above (with or without an online source). You will need to create a reference list, the full citation will show up there, a small one will auto create in the References" {{sfn|Pendergraph|2008|p = 168}} |
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==References== |
==References== |
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{{reflist| colwidth=30em | refs= |
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<ref name="HR 313 URL">{{cite web |url=http://judiciary.house.gov/hearings/pdf/112hr313.pdf |title= H.R. 313 Control Substance act|author=112th Congress, House of Representatives |date=January 18, 2011 | archiveurl= http://www.webcitation.org/66How81cH | archivedate= Jan, 30 2012 }}</ref> |
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<ref name="Best Book Ever">{{cite book| last= Smith | first= John | last2= Jones| first2= Suzy | title= Best Book Ever Written |date=January 18, 2011 | publisher = Random House| location = United States of America | volume= 3rd | edition= 8th | pages = 300-315}}</ref> |
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<ref name="Best Journal Ever">{{cite journal | url= http://0-www.jstor.org.wncln.wncln.org/stable/pdfplus/10.1525/abt.2012.74.3.cover.pdf?acceptTC=true | author= Paul Smith | first= Paul | last= Smith | coauthors = Suzy Smith| title = Awesome Journal Entry| date= January 18, 2010 | journal= Academy of Science | jstor = Science and Math | issue= 8th | pages = 1-15 |issn=1236 |volume =5th}}</ref> |
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}} |
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==Reference List== |
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* {{cite book | publisher= NC Community Colleges| url =http://www.nccommunitycolleges.edu/Reports/undocumented%20students/Appendices/Appendix%203.1.pdf | author = Jim Pendergraph | date = May 28th, 2008| year = 2008| archiveurl = http://www.webcitation.org/66JWXZH4o | archivedate = March 20, 2012 | pages = 168 | ref ={{harvid|Pendergraph|2008| page =168}} |
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Additional references: |
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http://www.gao.gov/products/GAO-12-658R |
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http://www.narf.org/nill/resources/TOLASenateReport.pdf |
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http://www.fbi.gov/stats-services/publications/law-enforcement-bulletin/may-2012/indian-country-and-the-tribal-law-and-order-act-of-2010 |
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http://www.bop.gov/inmate_programs/tloa.jsp |
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http://turtletalk.wordpress.com/2010/07/19/tribal-law-and-order-act-details/ |
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}} |
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Latest revision as of 22:46, 3 May 2013
The Tribal Law and Order Act of 2010 is a law signed into effect by President Obama expanding the punishment abilities of Tribal Courts across the nation. It allowes Tribal Courts opperating in Indian Country to increase jail sentences handed down in criminal cases. This was a major step toward improving enforcement and justice in Indian Country.
Whereas before Tribal Courts were limited in punishment that could be handed down in criminal cases, giving them the impression of a lower, less serious court; they now possess the power under the Tribal Law and Order Act to pass increased sentences in order to incarcerate defendants longer.
Justice Issues on Indian Reservations
[edit]Once individual Indian Reservations began creating and opporating Tribal Courts they were faced with multiple issues including jursidictional questions, length of senteces that could be imposed, and sentencing guidelines to name a few. These newly formed Tribal Courts also found themselves dealing with a very large domestic violence problem on their Reservations. This problem became such an issue that it caught the attention of the United States Department of Justice.
Passage of the Act
[edit]In 2009, Attorney General Eric Holder made it a Department of Justice priority to increase engagement, coordination and action on public safety in Indian Country. Beginning with a Tribal Nations Listening Tour in October 2009, Attorney General Holder and other Department officials met with tribal leaders to engage in a dialogue on public safety and law enforcement issues critical to tribal communities.[1] The Justice officials heard from tribal leaders about the pressing need for federal legislation and financial resources to help tribal public safety officials better address the problems facing their communities.[1] They learned about the disproportionate rates of violence and victimization in tribal communities, and about the need to improve government-to-government collaboration and provide improved access to law enforcement and justice resources.[1] Finally, Attorney General Holder and the Justice Department brought this message to Capitol Hill and worked in concert with members of the House and Senate to pass the Tribal Law and Order Act.[1]
What the Act Provides
[edit]The Tribal Law and Order Act of 2010 (Pub.L. 111–211, H.R. 725, 124 Stat. 2258, enacted July 29, 2010), signed into law by President Barack Obama, enacts a United States law aimed at strengthening tribal law enforcement in order to remedy what some considered lax law enforcement on Indian reservations.[2] The purposes of the Tribal Law and Order Act are: Clarify the responsibilities of the federal, state, tribal, and local governments with respect to crimes in Indian Country, increase coordination and communication among federal, state, tribal, and local law enforcement agencies, empower tribal governments with the authority, resources, and information necessary to safely and effectively provide public safety in Indian Country, reduce the prevalence of violent crime in Indian Country and to combat sexual and domestic violence against Alaskan and Native American women, prevent drug trafficking and reduce rates of alcohol and drug addiction in Indian Country, increase and standardize the collection of criminal data to and the sharing of criminal history information among federal, state, tribal, and local officials responsible for responding to and investigating crimes in Indian Country.[2] TLOA authorizes expanded sentencing authority for tribal justice systems, clarifies jurisdiction in "PL 280 states," requires enhanced information sharing, authorizes liaisons within each U.S. Attorney's Office and encourages more intergovernmental collaboration between tribal, federal, state, and local governments.[2]
In addition, the law provides funding for preventative programs for alcohol and substance abuse treatments and programs for at risk youth.[3]
Indian Tribes Using the Act
[edit]On a more local level, in August of 2012 the Eastern Band of Cherokee Indians in Cherokee, NC became the first Indian Tribe to enact the TLOA. With this passage it allowed the Cherokee Tribal Court to begin enhanced sentencing of defendants under their jurisdiction.[4]
Category:United States federal Native American legislation Category:2010 in law
References
[edit]- ^ a b c d "Tribal Law and Order Act". Archived from the original on April 10, 2013.
- ^ a b c Bureau of Justice Assistance (January 5, 2012). "TLOA". Archived from the original on April 10, 2013.
- ^ http://www.whitehouse.gov/blog/2010/07/29/tribal-law-and-order-act-2010-a-step-forward-native-women
- ^ "Tribe Passes Enhanced Sentencing Law". Archived from the original on April 10, 2013.