“barring federal prosecutions in similar cases could allow defendants to escape harsh sentences”
So sharia courts could be double jeopardy too?
I dont think this will pass the double jeopardy clause.
Not really surprising when you fall under two different jurisdictions. It’s not uncommon for servicemembers to be charged under a local ordinance or state law and also receive punishment under the UCMJ for the same incident.
I wonder how corrupt these indian courts are compared to regular American courts.
It is a little more complicated than it sounds here.
In my opinion juristiction should be determined before trial.
Simple
Different sovereigns. Learned about that in Naval Justice School with regard to military members being prosecutable in state courts as well as courts-martial.
Since the government recognizes the tribal courts of these Nations, because they are part of a sovereign nation, within the United States, then why don’t they have to recognize and honor the sentence decision of that court? Frankly, most criminals in the rest of this country are offered plea deals by D.A.’s and State Attorney Generals all the time, so they never do the time for the actual crime they commit. This guy pled to a deal, and did five months. The Federal government doesn’t interfere with local and State court decisions when they think a sentence or deal is unfair, so why are they doing it in the courts of a sovereign nation?
“Denezpi’s single act led to separate prosecutions for violations of a tribal ordinance and a federal statute. Because the Tribe and the Federal Government are distinct sovereigns, those” offenses are not the same, Justice Amy Coney Barrett wrote for a majority of the court. “Denezpi’s second prosecution therefore did not offend the Double Jeopardy Clause.”
So then, could a state prosecute Michael Sussman?
Sounds like at least one similar decision in which they ruled that a person found “not guilty” in a state court could then be tried by court martial. It happened in NC where a Fort Bragg soldier killed a woman but was found not guilty by a state court. The Army then tried him by court martial,he was found guilty and he was sentenced to death.He’s at Leavenworth now.IIRC his name was Hennis.
Interesting. It was 6-3, but not quite along party lines.
Gorsuch has a known leftist (or if it makes people feel better, they pretend its “libertarian”) streak on cases involving American Indians, and followed the usual pattern in this case, authoring the dissent and being joined by comrades Sonia Sotomayor & Elena Kagan.
The six-member majority ruling was authored by Amy Coney Barrett. I presume that means either outgoing justice Breyer (he might have said “screw it, I’ve got nothing to do lose at this point...”) OR the newly confirmed Biden justice voted with the “conservatives” on this one, I’m not sure which of them is on the court currently.
Researched it here:
Read Justice Gorsuch’s dissenting opinion. With all due respect to our conservative Justices Thomas and Alito, Gorsuch is the only justice who is not from the left or right coast, and as a Colorado resident, he may have a greater understanding of the Native American judicial system. Thomas and Alito are my faves, but I don’t like their position on this case.
Dissent was Gorsuch, Kagan, Sotomayor.
Fifth Amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Note that is specifies the same offence, not the same action. Lawyers, of which I am not one, may discuss the significance of that distinction.
Still not sure why the Tribes are treated as half-sovereign citizens. They should be either completely US citizens, or kicked out. This current setup is ridiculous.