The Tribal Law and Order Act Of 2010 was enacted and signed to become a law by President Barack Obama in 29th July, 2010. The main aim behind the enactment of this US law was to seek remedy to the enforcement of lax law on the Indian reservations. The law brings about the execution of all the relevant enhancement and sentencing at the federal level. Despite this, the tribal court has powers to choose an option under which it provides public defenders of specific qualifications. Additionally, the law offers a funding option for preventive programs relating to drug and substance abuse.
Strengths of the Tribal Law and Order Act Of 2010
The Tribal Law and Order Act Of 2010 have a lot of strengths based on the resultant effects realized from the implementation. Firstly, the law acts to consolidate residents from vast geographical coverage within the same governance. In this respect, up to 560 tribes recognized federally in the States form the consolidated group of people governed by the tribal law. The tribal communities captured under the new law extend to cover southeastern, southwestern and mid-western tribal communities. In this respect, the tribal law merits strength in total elimination of racial discrimination. Based on the elements contained in this law, all the natives of the United States of America qualify to similar access to chances and opportunities.
In addition, The Tribal Law and Order Act Of 2010 cover diverse representation in the legal framework. As realized in the tribal communities observed both the public and non-public Law 280 feature. In the long run, tribal law merits rich cover in the statutes observer both in the public and nonpublic fraternity. In a more elaborate way, The Tribal Law and Order Act Of 2010 focus at a wider and comprehensive judicial coverage in itself. Through this system, the tribal law expresses strength in its content. An additional strength of The Tribal Law and Order Act Of 2010 is focused on its cultural and criminal inclusion. As spelled in the tribal law, it carries the legal potential to cater for both the cultural and criminal issues. Much of the tribal implications that missed out in the American constitution have since then been addressed with ease based on this law. In return, the judicial system has aided interpretation of complex tribal cases capturing different implications.
Additionally, the Tribal Law and Order Act Of 2010 capitalize on the sovereign government. As a result, the tribal law has succeeded in granting the government its rightful position. The Tribal Law and Order Act Of 2010 can therefore be considered to have merited to be enacted due to its sovereignty in governmental ranking. Apart from the sovereign government, the Tribal Law and Order Act Of 2010 cover the criminal justice as well as tribal justice needs. An additional strength of the Tribal Law and Order Act Of 2010 is based on its retention of exclusive authority over the entire membership. As opposed to the federal and state laws which are limited by some subjects within their lands. The legislative and judicial limitations chosen primarily restrain civil rights exercise. In these instances, the core authority remains either with the state government or the federal based on the identity. The tribal law has strength to exercise authority over these other governments in handling the tribal cases of all natures.
Weaknesses of the Tribal Law and Order Act Of 2010
Based on the limited tribal sovereignty on the implementation of the public law 280, the Tribal Law and Order Act Of 2010 are solely discriminate on the American Indian persons. In regard to this statute, only American Indians can be prosecuted and sentenced in state, federal or tribal levels of crimes. Nonnatives are just but restricted to state levels of sentences for prosecution. The process of navigating jurisdictional authority has much been complicated by the Tribal Law and Order Act Of 2010. In the resultant outcome, the complicated procedures have found its way in the prosecution of the native offenders and communities.
Another weakness of the Tribal Law and Order Act Of 2010 is based on the ideology of jurisdiction submission. In this case, non-native persons would only be prosecuted on the tribal laws in a condition that they submit. It is therefore limited in powers to impose its independent rulings. Additionally, the Tribal Law and Order Act Of 2010 only provides for a maximum of three years incarnation period. The final weakness of The Tribal Law and Order Act Of 2010 the clash based on the tribal constitutions. Some tribal constitutions greatly differ from the tribal law system. In response, the Tribal Law and Order Act Of 2010 failed to consider all the relevant tribal constitutions in the preliminary stages.
Fahey, J. Kane, M. (2011). Crime and Integrity in Indian Country: A summary of talking circle findings and the Tribal Law and Order Act of 2010. Crime and Justice Institute at Community Resources for Justice: Boston, MA.
Press Release, (July 29, 2010) US Senate Commission on Indian Affairs available at http://www.indian.senate.gov/news/pressreleases/2010-07-29.cfm
U.S. Justice Declinations of Indian Country Criminal Matters Department GAO-, Dec 13, 2010
Lynn, R. (2010). The Tribal Law and Order Act of 2010: A Step Forward for Innate Women
Perelli, T. (2011). The Native Strength, strengthening our commitment to the Indian country. NY, The American Psychological Association.