Supreme Court rules that Native Americans prosecuted in tribal courts can also be prosecuted in federal court
PBS NewsHourJan 02, 2022
SCOTUS: Double Jeopardy Not Applicable to Federal and Tribal Courts
Image copyright:Â AP [via Al Jazeera]
The Facts
SCOTUS ruled 6-3 on Mon. that Native Americans prosecuted in some tribal courts can be tried for the same incident in federal courts, which can result in harsher sentences.
The case involved a Navajo Nation member, Merle Denezpi, who pleaded guilty to assault and battery in a Court for Indian Offenses (CFR), and was sentenced to 140 days in the Ute Reservation.
The Spin
Establishment-critical narrative
This ruling couldn't be more wrong. The CFR isn't a tribal court but an extension of the federal government through the Department of the Interior. In a false claim of protecting tribal sovereignty, Denezpi has been prosecuted twice for the same crime.
Pro-establishment narrative
SCOTUS is merely upholding the law and ensuring fair punishment. There is a clear distinction between the tribal courts and federal courts, without which defendants would be protected under the Double Jeopardy clause and allowed to escape appropriate sentences.
Establishment split
Sign Up for Our Free NewslettersSign Up for Our Free Newsletters
Sign Up!
Sign Up Now!