Search Results for tribal

...Kevin Washburn © The Ohio State University Reconsidering the Commission s Treatment of Tribal Courts I. Introduction Since the U.S. Sentencing Commission first enacted the federal Sentencing Guidelines, the Guidelines have treated tribal courts in a manner that is impossible to reconcile...

...Jon M. Sands; Jane L. McClellan © The Ohio State University Commentary: Policy Meets Practice: Why Tribal Court Convictions should not be Counted Professor Kevin Washburn s article, Reconsidering the Commission s Treatment of Tribal Courts, raises the issue of counting tribal convictions...

...Bruce D. Black © The Ohio State University Commentary on Reconsidering the Commission s Treatment of Tribal Courts BRUCE D. BLACK U.S. District Judge, District of New Mexico Professor Kevin Washburn refers to the jurisdictional maze in Indian country which requires each crime be analyzed...

...William C. Canby, Jr. © The Ohio State University Commentary: Treatment of Tribal Court Convictions WILLIAM C. CANBY, JR. Senior Circuit Judge, United States Court of Appeals for the Ninth Circuit. The views expressed here are personal views of the author, and do not purport to represent...

...Charles Kornmann © The Ohio State University Commentary on Reconsidering the Commission s Treatment of Tribal Courts CHARLES KORNMANN U.S. District Judge, District of South Dakota I do not believe the advisory guidelines should be amended to treat tribal court convictions the same...

...Rick Sarre Sentencing inCustomary or Tribal Settings: An Australian Perspective I. Introduction The evidence inAustralia, ifnot elsewhere, is clear: RICK SARRE LLB, MA, Associate Professor of Law and Criminology, University of South Australia. The author acknowl edges with gratitude the permission...

... has tried to legislatively manage the role and responsibility of federal law enforcement on tribal lands and over tribal members.1 When federal prosecutors enforced these laws, tribal governments were rarely consulted, tribal sovereignty was largely ignored,2 and tribal members were rarely able...

... country s standard have to be? Would similar language be required, or merely similar interpretations? Foreign convictions are not the only group of offenses not directly counted in the computation of criminal history points. A number of our Contributors focus on the counting of tribal records. [T]his...

... committed in Indian country that violate the general laws of the United States. However, the Act does not extend to offenses committed by one Indian against another Indian or to Indian perpetrators who have been previously punished under tribal law. Thus, generally speaking, only Indian perpetrators who...

... tribal, State,or Federal authoritydepends in largeparton the Indian statusof thevictimand offender,aswell as the locationof thecrime.McBride pointed out thatbeing South Dakota Advisory Committee to the United States Civil ethnically a Native American does not necessary mean one is legallyan Indian...

... the future contribution of our tribal issues advisory group, newly announced with the members identi ed on our website. These groups regularly meet with the Commission and help us in the formation of sentencing policy. I would be remiss if I did not acknowledge the signi cant impact of the public comment...

... challenges and needs, frequently connected to geography and its distinct social and economic situation. Federal legislation adopted in 2010 and DOJ policies mandated that U.S. Attorneys form more effective partnerships with tribal entities. They established tribal liaisons, helped develop procedural...

... has been established, whether by guilty plea, trial, or plea of nolo contendere, without regard to the applicable time periods set forth in ¤4A1.2(e). [The deÞnition also includes juvenile adjudications.] Although tribal, foreign, and military convictions are excluded for criminal history purposes...

..., federal sequestration has imposed untenable and irresponsible cuts, and leaders across government are being asked to do more with less coordination between America s federal, state, local, and tribal law enforcement agencies has never been more important. It s imperative that we maximize our resources...

... treatmentand risk of recidivismshould be importantfactorsindeter mining a federalsentencingpolicy forsex offenders. According toErtz, therapythataddresses the roots of inappropriateand illegalbehavioral patterns,while integrating tribal and community concepts, can posi tively treat Native American sex...

... occurred in Indian country.2 The determination that someone is an Indian within this framework has been held to be political, not racial.3 Thus, since 1885, on certain Indian reservations,4 the federal government has replaced tribal sovereigns in punishing violent offenders who belong to the tribal...

... continues to be a top priority of this Justice Department, and this First Step will help to achieve that end and ultimately increase the safety of our nation s communities. This commitment includes strong support for federal, state, local, and tribal law enforcement and an aggressive approach...

... at the drug quantity table in §2D1.1. To contribute to the study, commissioners voted to seek comment on offenses involving synthetic cannabinoids, synthetic cathinones (more commonly known as bath salts), and MDMA, also known as Ecstasy. In a May 2016 report, the Commission s Tribal Issues Advisory Group...

... 1404C the following: SEC. 1404D. CRIME VICTIMS LEGAL ASSISTANCE GRANTS. (a) IN GENERAL. The Director may make grants as provided in section 1404(c)(1)(A) to State, tribal, and local prosecutors offices, law enforcement agencies, courts, jails, and correctional institutions, and to qualified public...

...-level outreach, con ict mediation, and the changing of community norms to reduce shootings and killings. Even Youth Mentoring Grants and the Byrne Justice Assistance Grants (JAG) Program were drastically reduced, which are exible formula grants that states, localities, and tribal jurisdictions can use...