Criminal – Page 62 – Turtle Talk

Call for Presentations: 15th National Indian Nations Conference

May 17, 2016Sarah M Donnelly1 Comment

The Office for Victims of Crime and the Tribal Law and Policy Institute are extending this invitation to participate as a presenter at the 15th National Indian Nations Conference. Workshop presentations should demonstrate methods and strategies to improve safety, as well as promote justice and healing for crime victims through cooperation, and collaboration between Tribal, Federal, State, local and private entities in American Indian and Alaska Native communities. Target Audience: The target audience is all persons interested in assisting victims of crime in Indian country including:

Indian Country Service Providers (Tribal, State, and Federal):

Child Advocates
Child Protection Case Workers
Social Services
Elder Services
Victim Advocates
Medical Personnel
Law Enforcement
Judges & Prosecutors
Probation/Corrections
Substance Abuse Counselors
Traditional Healers

Tribal Community Members:

Tribal Leaders
Victims/Survivors of Crime
Tribal Elders & Youth
Tribal College Faculty & Students

We welcome presentation ideas for all levels of experience/knowledge. Presenters must demonstrate expertise in working with Native American communities. Selection Criteria for Workshops will include:

Relevance to the target audience
Fits into conference theme/goals
Presenters demonstrate expertise in working with Native American communities.
Encourages interdisciplinary coordination and cooperation
Highlights promising practices
Introduces innovative strategies
Honors and supports victims of crime
Workshop demonstrates clear connection to crime victimization

Workshops must conform to the Conference Theme “Harnessing Our Collective Wisdom: Strengthening the Circle of Safety, Justice and Healing” and one or more of the Conference Goals (below):

Honoring & Listening to Victim/Survivor Voices: Creating victimcentered/
sensitive responses; being inclusive of victim/survivors particularly those from un‐served or underserved populations, including LGBTQ victims; and promoting peer to peer learning opportunities.
Promoting Safety, Justice and Healing: Justice for victims/justice for all; understanding jurisdictional issues; exercising tribal sovereignty to promote safety & justice; highlighting the resiliency of spirituality & healing in tribal communities.
Honoring the Wisdom of the Past: Understanding historical trauma; enlisting tribal elders as keepers of our tribal histories; and embracing traditional teachings.
Promoting Traditional Values: Promoting traditional values and incorporating traditional skills in crime victim services; upholding wellness, mentally, physically, spiritually and emotionally; and framing victim services around tribal traditions.
Ensuring Safety, Justice & Healing for Seven Generations of Children: Addressing child sexual abuse & education on developing programs for victims; emphasis on victims within the juvenile justice system; support for keeping youth within.
Working in Harmony: Building partnerships with federal agencies; supporting partnerships between tribes; education on the importance of networking and working together in collaboration to strengthen services; supporting multidisciplinary
teams; and networking with Native men to address domestic violence & sexual assault.
Supporting and Educating Tribal Leaders: Educating and supporting efforts of tribal leaders to achieve accountability and responsibility to victims of crime.
Sustaining our Legacy: Developing skills and incorporating cultural approaches to enhance sustainability and measurability; increasing the accuracy of victimization research; and developing capacity within victim services.
Healing the Healers: Ensuring safety and support for service providers.

Formal Justice Department Conference Approval Pending.

Questions: Tribal Law and Policy Institute, P: 3236505467 ~ F: 3236508149
Email: Conference@TLPI.org, Website: http://www.OVCINC.org

Mailing address:
Tribal Law and Policy Institute
8235 Santa Monica Blvd., Suite 211
West Hollywood, CA 90046

Federal Court Refuses to Suppress Statements Made to Red Lake Tribal Police in Federal Prosecution

May 17, 2016May 17, 2016Matthew L.M. Fletcher

Here are the materials in United States v. Makwa (D. Minn.):

24 Motion to Suppress

42 Objection Memorandum

43 US Response

46 DCT Order

NIJ Report: “Violence Against American Indian and Alaska Native Women and Men”

May 9, 2016May 9, 2016Matthew L.M. Fletcher4 Comments

Here:

Violence Against American Indian and Alaska Native Women and Men_NNIJ_20…

The NIJ released new survey results this week, and things are as bad as they’ve ever been. The results say that 4 out of 5 women and men are victims of violence:

More than 4 in 5 American Indian and Alaska Native women (84.3 percent) have experienced violence in their lifetime. This includes —

■■ 56.1 percent who have experienced sexual violence.

■■ 55.5 percent who have experienced physical violence by an intimate partner.

■■ 48.8 percent who have experienced stalking.

■■ 66.4 percent who have experienced psychological aggression by an intimate partner.

Overall, more than 1.5 million American Indian and Alaska Native women have experienced violence in their lifetime.

More than 4 in 5 American Indian and Alaska Native men (81.6 percent) have experienced violence in their lifetime. This includes —

■■ 27.5 percent who have experienced sexual violence.

■■ 43.2 percent who have experienced physical violence by an intimate partner.

■■ 18.6 percent who have experienced stalking.

■■ 73.0 percent who have experienced psychological aggression by an intimate partner.

Overall, more than 1.4 million American Indian and Alaska Native men have experienced violence in their lifetime.

Prime Minister Trudeau’s Mandate to the Minister of Justice and Attorney General

May 2, 2016Sarah M Donnelly

Link to letter here.

“I made a personal commitment to bring new leadership and a new tone to Ottawa. We made a commitment to Canadians to pursue our goals with a renewed sense of collaboration. Improved partnerships with provincial, territorial, and municipal governments are essential to deliver the real, positive change that we promised Canadians. No relationship is more important to me and to Canada than the one with Indigenous Peoples. It is time for a renewed, nation-to-nation relationship with Indigenous Peoples, based on recognition of rights, respect, co-operation, and partnership.”

Some top priorities:

“Develop, in collaboration with the Minister of Indigenous and Northern Affairs, and supported by the Minister of Status of Women, an approach to, and a mandate for, an inquiry into murdered and missing Indigenous women and girls in Canada, including the identification of a lead Minister.
Work with the Minister of Public Safety and Emergency Preparedness and the Minister of Indigenous and Northern Affairs to address gaps in services to Aboriginal people and those with mental illness throughout the criminal justice system.”

Oregon Court of Appeals Decision and Dissent on whether Indian status is an issue of subject matter jurisdiction

April 21, 2016April 22, 2016Ann Tweedy

The majority and dissent opinions address when the argument as to Indian status must be raised in a state prosecution. State v. Hill

Briefs here:

Appellant Brief

State Brief

Oral Argument Transcript in United States v. Bryant (and Commentary)

April 19, 2016April 19, 2016Matthew L.M. Fletcher3 Comments

Here.

Background materials here.

Quick commentary:

This was a dramatically less intense argument (reading from a cold transcript) than in Dollar General. Again, as in DG, much of the commentary about tribal courts depended on how much work Congress did in enacting the Indian Civil Rights Act. So long as the rights contained in that statute satisfy the Supreme Court, tribal court convictions may be used as prior convictions under 18 U.S.C.§ 117.

If that is the case, Justices on the Court concerned about the use of uncounseled tribal court convictions must wrestle with precedents (mainly Scott and Argersinger) that affirmed there is not an absolute right to counsel in misdemeanor convictions where imprisonment is possible but not imposed.

Again, reading from a cold transcript, I was shocked that Bryant’s counsel noted that Bryant was not indigent. (p. 36, line 10) Moreover, Bryant apparently waived his right to counsel, which happens much of the time in state and federal court where incarceration is not on the table. Bryant also apparently waived a claim that the tribal court convictions were invalid, putting him a somewhat similar position to Billy Jo Lara. Bryant’s counsel was left arguing that ICRA does not confer any “rights” at all as a mere federal statute, and so there is no right to counsel at all in tribal court. So then the only way I see Bryant prevailing is if the Court holds that ICRA is a dead letter, and that there really is no federally guaranteed right to counsel in tribal courts (which I guess would mean tribes can deny counsel if they so choose). That seems like a particularly difficult holding to garner four votes (which would be enough to affirm by 4-4 split). Moreover, it’s simply not the case — I am aware of no tribal court that refuses to allow counsel to appear for criminal defendants.

The Chief Justice mentioned the National Association of Criminal Defense Lawyers brief that strongly criticized tribal court convictions (p. 12, lines 1-4), but that gave the government’s attorney a chance to note that the federal habeas right is a meaningful remedy (much as GRIC did in its controversial letter).

Gila River Indian Community Letter to NACDL re: Bryant Amicus Brief

April 18, 2016April 18, 2016Matthew L.M. Fletcher2 Comments

Here:

NACDL US v Bryant 04-15-16

An excerpt:

I am writing to you to express the Gila River Indian Community’s concerns regarding the Brief Amici Curiae of the National Association of Criminal Defense Lawyers and Experienced Tribal Court Litigators in Support of Respondent (“Brief’) recently filed with the Supreme Court of the United States in United States v. Bryant (No. 15-420). The Brief makes numerous attacks on the Community’s criminal justice system, hasty generalizations regarding tribal justice systems, and omits relevant facts and conclusions regarding the Community.

The stated purpose of the Brief is “to draw upon amici’s knowledge and experience with tribal-court criminal litigation to give this Court an informed perspective from which to assess these claims.” Brief at 4 (emphasis added). Unfortunately, the Brief does not do so. Instead, it reads as a narrative and anecdotal attack on tribal justice systems, prominently including the Community. These attacks on the Community’s criminal justice system have often come in a third-party form, such as letters from the National Association of Criminal Defense Lawyers and National Association of Federal Defenders to members of Congress regarding proposed legislation. Despite prominent mention of the Community, these letters- and the Brief-were not provided to the Community when sent or filed. We suspect it may have to do with the favorable outcomes to the Community in the cases discussed in the Brief.