Enhanced Sentencing Authority | Tribal Law and Policy Institute

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Enhanced Tribal Authority Publications

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Tribal Criminal Jurisdiction over Non-Indians: Violence Against Women Act Reauthorization of 2022

This publication provides general guidance to assist Tribes in making an informed decision concerning the possible exercise of Tribal criminal jurisdiction over non-Indians. Considerations for exercising criminal jurisdiction over Non-Indians are examined including both the benefits and challenges of exercising criminal jurisdiction over non-Indians. Information is provided concerning the experiences of the implementing Tribes and the role of the Intertribal Technical-Assistance Working Group (ITWG). Extensive information is provided concerning resources available to Tribes interested in exercising this jurisdiction. This publication is part of a two-part series on enhanced Tribal authority, the other publication will discuss Tribal Law and Order Act enhanced sentencing authority.

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