Document Type
Article
Publication Date
10-13-1988
Abstract
In the Blackfeet Tribal Court of Appeals, the Court reviewed whether sentencing maximums under Tribal Ordinance 82, a domestic violence statute, exceeded the scope of tribal sentencing authority under ICRA, rendering them unconstitutional. Language in the bill amending ICRA in 1986 indicated that enhanced sentencing authority was intended to “prevent and penalize the traffic of illegal narcotics on Indian reservations.” However, because the amended language in the actual text of ICRA only changed the sentencing authority of tribes and did not indicate that enhanced sentencing authority was limited to drug-related offenses, the Court concluded that the Tribe could enact enhanced sentencing limits for all criminal offenses, not just those related to narcotics.
Recommended Citation
Tribe v. Cross Guns, 88-AP-10 (Blkft. Tr. Ct. App., Oct. 13, 1988)