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The Round House > Tribal Sovereignty

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message 1: by NNEDV (new) - added it

NNEDV | 160 comments Mod
From early on, Louise Erdrich carefully addresses the complexities inherent in trying criminal cases, particularly sexual assault, that involve Native victims and non-Native perpetrators on Native or state land.

They need to get a statement. They should have been here.
We turned to go back to the room.
Which police? I asked.
Exactly, he said.
” (12)

My father had insisted that they each take a statement from my mother because it wasn’t clear where the crime had been committed -- on state or tribal land -- or who had committed it -- an Indian or a non-Indian. I already knew, in a rudimentary way, that these questions would swirl around the facts. I already knew, too, that these questions would not change the facts. But they would inevitably change the way we sought justice.” (12)

Unfortunately, little has changed since 1988 (the setting for The Round House). While the 2013 reauthorization of the Violence Against Women Act (VAWA) closed a critical gap in justice by giving Tribal courts the authority to hold domestic violence offenders accountable, it did not extend these protections to victims of sexual assault or stalking.

What do you think these issues of jurisdiction (i.e., who has the authority to investigate and prosecute a case) and sovereignty (i.e., tribes’ right to govern themselves, manage tribal property, hear cases that occur on tribal lands, and much more) say about the historical and current relationships between tribes, states, and the federal government? What do you think about the fairness or justness of these limitations on jurisdiction and sovereignty?


Emily (ecdahl) | 46 comments Mod
I was really disappointed/angry/infuriated when I found out that VAWA 2013 didn't actually do anything to change the way that this case would be prosecuted today. I finished the book and thought "Well, that was the 80s...SURELY they've fixed that by now."


message 3: by Allison (new) - added it

Allison Burrus | 16 comments I was really frustrated by this part of the book. The fact that it was on the line of the jurisdiction felt like it was close enough to let the tribe handle the ruling. It did not appear they could have done a lot to enforce a ruling however so maybe that was not the best option either.


message 4: by Carrie-Anne (new)

Carrie-Anne O'Driscoll (caodriscoll) | 2 comments As a Texas cop, I see issues with sovereignty all the time. I respect Native American rights as much as my own but sometimes these separations hurt victims. Especially in cases of domestic abuse and child cases. Many tribes have become more cooperative with outside LEO's but not nearly enough. I think we all need to work harder to ensure justice is done and victims are cared for. It can be frustrating.


message 5: by Carrie-Anne (new)

Carrie-Anne O'Driscoll (caodriscoll) | 2 comments Hi all! I am Carrie-Anne O'Driscoll. I am a peace officer in Texas and a volunteer crisis advocate in my "off" time. I am a domestic violence/sexual assault survivor. I've written two books, both non-fiction and both about my life. The first is about my terror and survival with domestic violence. The second is about the murder of my 20 month old niece, Ka'Tara. It's written from her case file from my perspective as her Aunt and a cop. I am also a national speaker on all 3 subjects.
My goal as a cop is to ensure that every victim is not only believed but respected. I try to ensure that protocol is followed and cases built properly. To that end, I may be able to assist by supplying valuable insight. I am always in service.


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