indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Fredericks Peebles & Morgan LLP
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Sentencing Commission to consider Indian Country disparities

Filed Under: Law | National
More on: crime, jurisdiction
     

The U.S. Sentencing Commission will conduct a national study on sentencing disparities in Indian Country, The Fargo Forum reports.

Indian defendants often face harsher sentences than their counterparts would face in state court. Some federal judges, federal prosecutors and Indian law advocates are wondering why.

“The law needs to be changed and Indians need to be treated on an equal basis, the same as their white neighbors,” Judge Myron Bright of the 8th Circuit Court of Appeals told the paper.

Bright has criticized the 10-year sentence for Dana Deegan, a member of the Mandan, Hidatsa and Arikara Nation who was convicted for the death of her newborn son. He said the same crime would have been punished differently in North Dakota court.

The issue is the subject of an article in the current issue of the North Dakota Law Review. The authors want tribes to have a say in the process.

"Native American defendants’ sentences can better align with corresponding state sentences in cases in which an Indian tribe exercises jurisdiction over the territory where the crime occurred. The tribe may choose to permit the federal court to sentence in accordance with state law if a substantial disparity is shown," BJ Jones and Christopher Ironroad wrote in the article.

Get the Story:
Article scrutinizes disparities in sentencing on reservations (The Fargo Forum 3/23)

North Dakota Law Review Article:
Addressing Sentencing Disparities for Tribal Citizens in the Dakotas: A Tribal Sovereignty Approach (Volume 89, Number 1 2013)

8th Circuit Decision:
US v. Deegan (May 25, 2010)

Related Stories:
Federal judge calls for release of Indian woman in North Dakota (10/16)


Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Justice Antonin Scalia dies with Indian law cases on the docket (2/13)
Lakota Country Times: Native youth work to bring relatives home (2/12)
Native Sun News: Young runners invited to compete in Australia (2/12)
Mark Trahant: Native voters are true outsiders in 2016 elections (2/12)
Lorraine Loomis: Help treaty tribes with salmon recovery efforts (2/12)
Vincent Schilling: I'm not ashamed to be a sexual assault victim (2/12)
Tara Houska: Stop stealing cultural traditions from Native people (2/12)
Burns Paiute Tribe to help assess damage from armed takeover (2/12)
Obama weighs tribal request for Bears Ears National Monument (2/12)
Study looks at rates of binge drinking among Native Americans (2/12)
President of Navajo Nation to sign bill for veterans department (2/12)
Winnebago Tribe faces opposition to Nebraska gaming initiative (2/12)
Kialegee Tribal Town stays quiet as failed casino sits unfinished (2/12)
Keweenaw Bay Indian Community eyes off-reservation casino (2/12)
Mashantucket Pequot Tribal Nation sees gaming revenue gains (2/12)
Lakota Country Times: Missing Oglala Sioux woman found dead (2/11)
Doug George-Kanentiio: Town repays Oneida Nation with racism (2/11)
Brandon Ecoffey: Treaties guaranteed health care for our people (2/11)
Vincent Armenta: Chumash Tribe battles opponents at every turn (2/11)
Michael Marchand: Arrow Lakes people still fighting for our rights (2/11)
Steven Newcomb: Federal Indian law based on invented realities (2/11)
Native basketball tournament bars player who lacks Indian blood (2/11)
Armed occupation of wildlife refuge in Oregon ends with arrests (2/11)
Native activists ask Obama to help with liquor sales in Whiteclay (2/11)
South Dakota lawmakers kill bill to support return of land to tribes (2/11)
Miami Nation agrees to forfeit $48M from online lending business (2/11)
Fort McDowell Yavapai Nation creates $1.2M endowment at ASU (2/11)
Colville Tribes issue citation for death of rare owl on reservation (2/11)
Fort Independence Indian Community cheated by former partner (2/11)
Paskenta Band donates $125K to buy new vehicle for firefighters (2/11)
Man pleads guilty for dealing meth on Mescalero Apache Nation (2/11)
Public high school gives up racist mascot in response to new law (2/11)
Morongo Band and San Manuel Band question fantasy sports bill (2/11)
Former Sac and Fox Nation casino employee charged with theft (2/11)
Jena Band of Choctaw Indians celebrates 3rd birthday of casino (2/11)
Schaghticoke Tribal Nation again told it can't accept casino bids (2/11)
Editorial: Measure stops Lytton Band from pursuing new casinos (2/11)
Obama seeks another increase for Indian Health Service budget (2/10)
Six of 12 Indian Health Service area directors in 'acting' capacity (2/10)
Lakota Country Times: Indian lawmakers oppose drug testing bill (2/10)
Vince Two Eagles: The rez of the story about treaty-making in US (2/10)
Kristi Noem: Indian Health Service remains in state of emergency (2/10)
Chase Iron Eyes: Real sovereigns don't disenroll their own people (2/10)
Gyasi Ross: African and Native Americans fought for their survival (2/10)
Albert Bender: Tribes should reclaim land from unratified treaties (2/10)
John Lavelle: Supreme Court weighs key tribal sovereignty issue (2/10)
Women take top three leadership positions at Menominee Nation (2/10)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.