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The impact of Booker on American Indians

February 7, 2005

It is often not realized or closely examined (except sometimes in the pages of the Federal Sentencing Reporter) that America Indians are sentenced in federal courts for crimes committed on reservations.  This interesting article from Indian Country Today discusses the impact Booker could have in the sentencing of American Indians.  It also closes with this intriguing observation:

In traditional American Indian cultures there has been a movement to considered punishment by means of a tribal group, whether elders or people chosen to sit as a sentencing group. Traditionalists on some reservations in the Great Plains have brought the idea to state and federal authorities that many crimes should be handled by the tribal court or a select group of traditional people.  The argument is that federal sentencing guidelines and non-Indian juries have an adverse effect on American Indian defendants.