Tribal Courts of New York
1.
What source did you
review and who created it? What perspective do you think it is meant to
convey? Provide at least one specific example and citation from the M3
Online Resources to support your opinions.
The source that I choose was “Tribal
Courts of New York”. It is a forum that was created by a committee called the
Tribal Relations Committee. The group got together in the prospects of being
able to resolve conflicts, and work together with the Federal and State courts
with the Tribal courts. (http://www.nyfedstatetribalcourtsforum.org/history.shtml)
The website brings the issues that have been found in the justice systems in
the past and any current issues. They try
to work with the Federal and State courts to help with understanding the Tribal
laws and court system. The website lets natives and non-natives look to see
what they have been able to accomplish and help many natives get the justice
that they deserve. It shows that their biggest issue to show cooperation with
the court systems throughout the US.
1. 2. Has the information you
have read thus far changed, in some way, your view of native communities? Provide at least one
specific example and citation from the M3 Online Resources to support your
opinions.
My views have changed slightly regarding the communities that have to do
with the court systems. I have always been under the impression that if they were
natives that the Federal and State were not able to prosecute them, I thought
Natives were only allowed in the Tribal Court. I am not sure as to why I even
thought that way, as I was never told one way or another about any tribal
courts. I always thought that Native were out of jurisdiction for anyone else. I
was not aware that any courts had the right to remove children from Native
homes. I thought that Natives were almost excempt from State and Federal laws.
According to U.S. Department of the Interior news release that once guidelines
were update it “will help ensure tribal children are not removed from their
communities, cultures and extended familes.” (http://www.nyfedstatetribalcourtsforum.org/pdfs/DepartmentInteriorPressRelease-2-24-15.pdf)
Reading more about these laws, guidelines I am really getting a whole new
education on the way it is suppose to be with Natives not what I have just
assumed my entire life. These websites really opens up to what should be
happening versus what I thought should happen. They give great insight on
things that are being done to keep Native rights up to date, and making sure
they people are following to law regarding them.
References:
http://www.nyfedstatetribalcourtsforum.org/history.shtml
Date Created: Unknown. Date Accessed: 10/29/18
http://www.nyfedstatetribalcourtsforum.org/pdfs/DepartmentInteriorPressRelease-2-24-15.pdf
Created: 2/24/15 Date Accessed: 10/29/18
This is a very interesting website. I looked under Projects and found two: NYS Judicial Institute and Indian Law for local courts. “The Judicial Institute provides statewide education and training for the judges and justices of the New York State Unified Court System” (http://www.courts.state.ny.us/ip/judicialinstitute/index.shtml). They provide seminars, conferences and cooperative education program. Indian Law for local courts is a PDF of the 2009 Town and Village Justice Containing Education Program; Indian Law in Town and Village Courts. It gives judges an overview of the laws that might apply as they look at cases involving Indians. Some of the chapter titles include: Criminal Jurisdiction, Tribal Vehicle and Traffic, Tribal Courts, Sovereign Immunity, Domestic Relations and Family Court. There is a chart on page 5 titled Where Criminal Jurisdiction Has Been Conferred by 25 USC-236. The columns are Offender, Victim, Jurisdiction. It shows jurisdiction when Indians and non-Indian, Indians and Indians are involved. It also includes cases that are victimless. For example: If the offender is Non-Indian and the victim is Indian the jurisdiction column reads; unless otherwise expressly provide there is a concurrent Federal and State jurisdiction exclusive of Tribal Jurisdiction. (http://www.nyfedstatetribalcourtsforum.org/pdfs/IndianLawForLocalCourts.pdf). This is an excellent project to help insure that tribal members receive proper justice.
ReplyDeleteAn interesting fact: “As a part of this Tribal sovereignty many Indian Nations issue their own license plates, which are recognized by the State. For example, Oklahoma recognizes 29 Tribal Nation license plates including the plates of the Seneca Cayuga Nation of Oklahoma. Wisconsin recognizes four Tribal License plates including the ones issued by the Oneida Nation of Wisconsin” (3).
New York State Federal-State-Tribal Courts and Indian Nations Justice Forum. (n.d.). Retrieved from http://www.nyfedstatetribalcourtsforum.org/index.shtml. November 8, 2018.