Minimum requirements should be established before a tribe's request is accepted for review, such as: sufficient procedural rules of court, appellate procedures, probationary/supervisory functions, and detention arrangements. The tribe should be required to have all due process/constitutional protections in place for defendants. There should also be assurances that procedures are in place that involve public safety issues, such as victims' rights/notices and also reporting requirements for enhancement purposes which ties in victim safety and future public safety. All of these items should be in place BEFORE a tribe's request is considered. There should also be a prima facie showing by the tribe that there is a need for establishing the tri-current jurisdiction for their tribe - that it will really improve public safety and access to detention centers, courts and law enforcement.
Comment on FR Doc # 2011-12541
This is comment on Proposed Rule
Assumption of Concurrent Federal Criminal Jurisdiction in Certain Areas of Indian Country
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