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Date: November 22, 2024 Fri
Time: 11:57 am
Time: 11:57 am
Results for tribal courts (u.s.)
1 results foundAuthor: Folsom-Smith, Christine Title: Enhanced Sentencing in Tribal Courts: Lessons Learned from Tribes Summary: The Tribal Law & Order Act of 2010 (TLOA)1 was signed into law on July 29, 2010 by President Obama. The TLOA amends the Indian Civil Rights Act by allowing felony sentencing for certain crimes through the provision of enhanced sentencing authority, establishes new minimum standards for protecting defendants' rights in the tribal court system, and encourages federally-recognized Indian tribes (tribes) to consider the use of alternatives to incarceration or correctional options as a justice system response to crime in their communities. Further, the Act authorizes the Attorney General to permit tribes access to National Crime Information Center (NCIC) data, and to grant concurrent jurisdiction/retrocession to the federal government by tribes in Public Law 83-280 as amended, often referred to as PL 280 states. The decision to implement enhanced sentencing authority is left up to each individual tribe. A handful of tribes have begun or have completed establishing the mechanisms required under TLOA to pronounce enhanced sentences. This publication is designed to provide a brief overview, not a comprehensive review, of the changes under TLOA regarding enhanced sentencing authority, offer considerations for correctional/detention and community corrections programming related to enhanced sentences, and provide tribes with a checklist to help guide discussions around implementation of enhanced sentencing authority. Additionally, this publication explores the adoption of TLOA's enhanced sentencing authority through interviews with several tribal court judges and personnel who have been intricately involved in establishing the provisions required to convey enhanced sentences, highlighting the beginning of change at the tribal level, the processes and challenges faced by these courts, the current status of the implementation as of the date of the interviews, and any other aspects of implementation that the interviewees shared. Finally, this publication will provide information on financial resources to fund enhanced sentencing authority implementation. Details: Washington, DC: U.S. National Institute of Justice, Bureau of Justice Assistance, 2015. 17p. Source: Internet Resource: Accessed April 8, 2015 at: https://www.bja.gov/Publications/TLOA-TribalCtsSentencing.pdf Year: 2015 Country: United States URL: https://www.bja.gov/Publications/TLOA-TribalCtsSentencing.pdf Shelf Number: 135180 Keywords: American IndiansIndians of North AmericaSentencingTribal Courts (U.S.) |