PeachParts Mercedes-Benz Forum - View Single Post - Cantor stalls the Violence Against Women Act

elchivito · #7 12-07-2012, 12:06 PM

Actually it doesn't come down to casinos or funding. It comes down to jurisdiction. I'll give you an example. On the Navajo rez, the country's largest, you have Navajo tribal police, BIA police, County Sheriffs, and the AZ Dept. of Public Safety (Highway Patrol). Tribal police have the most jurisdiction over their own people, but almost none over non-Navajos. AZDPS officers are nominally only there to police state and federal highways that cross the rez. They aren't supposed to go off those highways without specific requests from Navajo PD. County Sheriffs do not routinely patrol and normally only supply transport help at the request of the tribal PD. Nobody knows what the BIA cops do. They are officially federal peace officers with wide ranging authority, but never seem to take an active role in anything.
The tribal court system ONLY has jurisdiction over tribal members. Sheriffs and DPS officers are often a hundred or more miles away from any given crime scene or NPD lockup.
When the Navajo police detain a non rez person for some reason, they can only hold them for a limited time (unsure here, 24hr. maybe) waiting for a DPS or Sheriff to come and take them off the rez for prosecution. They can NOT be charged on the rez due to the tribal court's limited jurisdiction.
Sex crimes in particular are a tough nut. In the Navajo way these things are traditionally handled within families. I know personally of a rape of a 16 year old by an 18 year old that was settled with the blessing of the police department by the payment of horses and sheep to the vic's family by the perp's relatives. Victims rarely report these crimes. When they do it's often well after the fact so that physical evidence is lacking. Witnesses won't talk, family honor prevents ratting out a relative or even a clan relative. DPS doesn't like to get involved for these reasons and for the fact that county prosecutors often won't file charges due to poor evidence.
For a more minor example, when I first moved up to the rez to work I used to stock up on beer and whiskey when on shopping trips to Flagstaff. Once, loaded with about a month's worth of beverages on my way back to the rez I got stopped by a Navajo cop for a tail light or expired tag or something. He gave me a warning for whatever it was and then asked if I'd been drinking. I said no I hadn't. The address on my license was on the rez. He said "look, you know the Navajo reservation is dry, alcohol is against the law, but because you're not Navajo I'd have to transport you to the holding facility and you'd be kept there till DPS comes to get you and then they'd just take you to Flagstaff where they couldn't charge you with anything and they'd let you go. So from now on cover up your beer with a blanket or something so I don't have probable cause to search your vehicle." Then he sent me on my way, WITH my liquor.
It's a real sticky deal on reservations, but the idea that Cantor et al would have reason NOT to allow tribal courts to protect their own women is beyond comprehension.