Source: (-0001) Thomas Jefferson Law Review. Vol. 29:265
Part I of this Note summarizes the relationship between the
United States government and the Native American tribes in
regard to the regulation and oversight of tribal justice systems.
Part II explores how the United States government has eroded
that relationship by violating its obligations under the Trust
Doctrine, leading to high rates of incarceration and recidivism
among Native Americans as a group. Additionally, Part II
compares how Canada actively responded to excessive rates of
imprisonment among its Native peoples. Part III describes how
the use of sentencing circles can restore the Trust Relationship
by comparing the effective uses of the circles in Canada and
within American Indian tribes. In addition, this Part illustrates
Canada’s further willingness to honor its own duty to its
Aboriginal peoples through the implementation of a protective
criminal statute. Part IV asserts that Congress has the power to enact similar legislation to amend existing federal sentencing
laws, and proposes language for a statute intended to heal the
Trust Relationship by protecting Native Americans from
continued high rates of incarceration. Finally, Part V
acknowledges potential counterarguments and limitations to a
comparable federal law and refutes them.(Excerpt)
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