Just when you think it's hopeless (part 1) and Sometimes it really does seem hopeless (part 2)

[crankyisgood]

Work sucks but then Bruce comes over and suggests I could "spice up the FYI with an update on Ballard every week." [eta: This made me laugh loudly, as intended. He has the best dry humor of anyone in this place

Comments

[bri8an]

Yes, I did know about the astronomical rates of domestic violence/rape perpetrated on Native women, but not the exact number. Law digression ahead: one of the bigger reasons for this is that lots of Native women have non-Native SOs, and those guys are not under the jurisdiction of tribes. Also, because the feds are either (a) incompetent or (b) (more likely) severely underfunded when it comes to reservation law enforcement, they don't prosecute male, non-Indian rapists/wife-beaters who do so against Indian women. States can't prosecute these guys (if it happens on reservation), and tribes can't prosecute these guys (thanks to the right-wing Supreme Court and Congress - tribes have no jurisdiction over non-Indians, even for crimes committed on reservation and against Indians), and feds . . . well, they have "higher law enforcement priorities."

Makes me perfectly sick.

And white male wife-beaters just keep getting away with it on reservations. A free pass to beat up/rape your wife/girlfriend. That's what is known, among law types, as "a jurisdictional void."

ps - THANKS for posting this!

[crankyisgood]

I can't believe I didn't know that tribes have no jurisdiction over what happens on reservations if it involves white people (essentially--have I got that right?). That's a lot like saying we can do whatever we want in other nations just because we're not from there, isn't it? This is amazing (amazingly fucked up!!!)--yet again, after the initial shock, it is not surprising at all.

I kind of abruptly ended my sentence about feeling like I'm not part of it--and so how do I do anything about it? Well, your thanks for posting it makes me at least think that, as with so many issues, just talking/posting about it could be an important step. In fact maybe I'll propose a piece for the magazine--if I do, I will probably ask you for a lot of help.

I am developing a whole new appreciation for your D's chosen work.

[bri8an]

Yeah, it's basically right. But of course, as with most things legal, it's more complicated than that. But yeah - if you're not an Indian (and before 1990 (I think) if you weren't a member of the tribe on whose reservation you committed the crime), you can't be prosecuted according to the laws of the tribe on whose reservation you're perpetratin'.

The argument is this: "I didn't vote for the tribal council, and even if I live there, I can't vote for tribal council, can't run for office, can't even serve on a jury! So, I shouldn't have to obey their laws." The comparison, in this line of reasoning, is to states: if we move to (say) Wyoming, we can vote in Wyoming, run for office there, be forced to sit on a jury there. But not if we move to the Wind River reservation (in WY).

The comparison works if, like you, we think of reservations like foreign nations. If we move to France, we can't vote there, run for office there, etc. But we damn sure have to obey their laws. And there's the rub: what the heck are tribes, anyway? Like foreign nations? (like the Constitution seems to say) Or like something a whole lot lesser (as the current Supremes and Congress (from way back) has been trying to say)?

So, yeah.

[crankyisgood]

Mm, yes I see and am guessing at some of the other complications (I'm just slightly familiar with the lineage issues. Emphasis on "slightly.") Here's a shock: my opinion is that it's your damn choice if you move to a country/nationstate/etc where you cannot naturalize and therefore participate.

[bri8an]

I'd love to help, and so would D, if you do a little piece about reservations and VAWA. I know it'd rock. D is tremendously more knowledgable about this stuff than I am - I'm sure she'd love to help.

[crankyisgood]

I'll definitely let you know what comes of this.

[crankyisgood]

okay, i SWEAR I wrote a response here and it's not showing up. tick tock tick tock. show UP already, comment!

[crankyisgood]

yay! it worked!