The Supreme Court has ruled that Native Americans prosecuted in certain tribal courts can also be prosecuted based on the same incident in federal court.
The Associated PressThe Supreme Court ruled Monday that Native Americans prosecuted in certain tribal courts can also be prosecuted based on the same incident in federal court, which can result in longer sentences.
Under federal law Courts of Indian Offenses can only impose sentences of generally up to a year. Denezpi was later prosecuted in federal court and sentenced to 30 years in prison. He said the Constitution’s “Double Jeopardy” clause should have barred the second prosecution.“Denezpi’s single act led to separate prosecutions for violations of a tribal ordinance and a federal statute.
The case before the justices involves a tribal court system that has become increasingly rare over the last century. Courts of Indian Offenses were created in the late 1800s during a period when the federal government's policy toward Native Americans was to encourage assimilation. Judges and generally prosecutors are appointed by federal officials.
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