Here are recent materials in United States v. Sommerville (D. Utah), over whether the defendant must have actual knowledge that certain artifacts are protected by the Archeological Resources Protection Act:
Criminal
Troy Eid on the Tribal Law and Order Act
from the Denver Post:
WINDOW ROCK, Ariz. — After pressing for months, the chief criminal prosecutor for the Navajo Nation, Bernadine Martin, finally persuaded the U.S. Department of Justice to release its internal statistics on felony investigations. It turns out federal agents last year made just 28 arrests in sexual assault cases on an Indian reservation the size of West Virginia.
That’s an arrest rate in sexual assault cases of about 11 per 100,000 people. By comparison, Denver’s arrest rate in the same category in 2008 was 38 per 100,000. In other words, federal agents investigating sexual assaults on the Navajo Nation made less than one arrest for every three by Denver police.
This kind of unfairness prompted the Tribal Law and Order Act, sponsored by retiring Sen. Byron Dorgan, D-N.D., and signed by President Obama last week.
Despite the good intentions of many fine public servants, the federal government isn’t getting the job done. Violent crimes on Indian reservations are two and a half times the national average, yet tribal lands are served by half the number of police as comparable communities.
Eighth Circuit Affirms Upward Departure from Sentencing Guidelines Based on Seven Prior Tribal Court Convictions
Here is the opinion in United States v. Cook.
The court notes on page 3 that the seven prior tribal court convictions “alone” were enough to justify the upward departure from the sentencing guidelines. Not sure how many, if any, of the tribal court convictions were counseled.
Garcia v. United States: Cacophony in the Wedding Chapel
Here is the final opinion in Garcia, a Federal Tort Claims Act claim against an Isleta Pueblo tribal cop, who intervened to break up a fight at a wedding (or, in the words of the court, “Two Weddings and a Broken Jaw”): Garcia v. United States.
The court held after a two-day bench trial that the United States could be liable for the actions of an off-duty tribal cop under a 638 contract and the FTCA, but that the cop had not committed a tort.
Section 1983 Claim against Off-Reservation Police Officer Engaged in On-Reservation Duty Survives
Because the officer had no jurisdiction in Indian Country: Jones v Norton (D. Utah).
An excerpt:
The Plaintiffs have filed this lawsuit against various Defendants in connection with the shooting death of Todd R. Mr. Murray which occurred while he was being pursued by police on the Uintah-Ouray Indian Reservation. Defendants Vance Norton and Vernal City move to dismiss the claims against them.
The court holds that Detective Norton did not have jurisdiction to seize Mr. Murray. Because there are disputed issues of fact concerning whether Mr. Murray was seized and whether exigent circumstances justified the seizure if it occurred, the court DENIES Defendants’ motion to dismiss the § 1983 claims. But the court holds that the Utah Governmental Immunity Act applies to state law enforcement on Indian reservations and accordingly GRANTS Defendants’ motion to dismiss the state law claims.
Letters of Support for Tribal Law and Order Act
Tribal Amicus Briefs in Miranda v. Anchando/Nielson/Pascua Yaqui
Tribal Law and Order Act Details
TRIBAL LAW AND ORDER ACT SUMMARY
Between 2007 and 2010, Congress held 17 hearings on various aspects of violence on Indian lands from domestic and sexual violence against women and children to drug smuggling and gang activity. On June 23, 2010, the Senate passed the Tribal Law and Order Act, as an amendment to H.R. 725, by unanimous consent.
Indian reservations nationwide face violent crime rates more than 2.5 times the national rate. Some reservations face more than 20 times the national rate of violence. More than 1 in 3 American Indian and Alaska Native women will be raped in their lifetimes, and 2 in 5 will face domestic or partner violence. The crisis is the result of a broken and underfunded system of justice.
Federal laws limit the authority of Indian tribes to punish Indian offenders to no more than 1-year imprisonment, and force reservation residents to rely on Federal (and in some cases State) officials to investigate and prosecute violent crimes on Indian lands. However, over the past 5 years, Federal officials have declined to prosecute 50% of alleged violent crimes in Indian country, including 75% of alleged sex crimes against women and children.
Less than 3,000 Bureau of Indian Affairs and tribal police patrol more than 56 million acres of Indian lands. Foreign drug cartels are aware of the lack of police presence on Indian lands and are targeting some reservations to distribute and manufacture drugs.
The Tribal Law and Order Act takes a comprehensive approach at addressing these shortfalls by establishing accountability measures for Federal agencies responsible for investigating and prosecuting reservation crime, and by providing tribes with additional tools to combat crime locally.
Some major provisions include:
- Evidence sharing and declination data: Requires federal prosecutors to maintain data on criminal declinations in Indian country, and to share evidence to support prosecutions in tribal court
- Tribal Court sentencing: Increases tribal court authority from 1 to 3 years imprisonment where certain constitutional protections are met
- Federal Testimony: Requires Federal officials who work in Indian country to testify about information gained in the scope of their duties to support a prosecution in tribal court
- Improves transparency in Public Safety spending by the BIA, and requires greater consultation on the part of the BIA to tribal communities on matters affecting public safety and justice
- Increased sexual assault training and standardized protocols for handling sex crimes, interviewing witnesses, and handling evidence of domestic and sexual violence crimes in Indian country
- Authorizes Deputization of Special Assistant U.S. Attorneys to prosecute reservation crimes in Federal courts, and encourages Federal Courts to hold cases in Indian country
- Increases Deputizations of Tribal and State Police to Enforce Federal Law: Enhances Special Law Enforcement Commission program to deputize officers to enforce federal laws on Indian lands
- Authorizes the Drug Enforcement Agency to deputize tribal police to assist on reservation drug raids
- Increases recruitment and retention efforts for BIA and Tribal Police
- Expands training opportunities for BIA and Tribal police to receive training at State police academies, and tribal, state, and local colleges – where Federal law enforcement training standards are met.
- Tribal Police Access to Criminal History Records: Many tribal police have no access to criminal history records. The bill will provide tribal police greater access to criminal history databases that provide them with essential information when detaining or arresting a suspect.
- Programmatic Reauthorizations: The bill will reauthorize and improve existing programs designed to strengthen tribal courts, police departments, and corrections centers – as well as programs to prevent and treat alcohol and substance abuse, and improve opportunities for at-risk Indian youth
The bill has the support of the U.S. Departments of Justice and Interior, the National Congress of American Indians, Amnesty International, the American Bar Association, the Federal Bar Association, the Friends Committee on National Legislation, the Episcopal Church, the Family Violence Prevention Fund, and many other tribal, state, and local governments and organizations.
Federal Government’s Opening Brief in Miranda v. Anchando (Pascua Yaqui)
American Indian Women Most Likely Demographic to be Sexually Abused Outside of Indian Country
From the Crime Report, via Pechanga:
Native American women living off the reservation and in urban areas are more likely to be sexually abused than others, finds a new report, Reproductive Health of Urban American Indian and Alaska Native Women.
Yet, native women are more likely to report abuse than their counterparts finds the first study of on this population. The report which was conducted by Urban Indian Health Institute surveyed 7,643 women.
Read the report here.
Use the crime report for more information on Native women.
Turtle Talk 
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