NCJ Number
184185
Journal
Minnesota Law Review Volume: 84 Issue: 2 Dated: December 1999 Pages: 473-503
Date Published
December 1999
Length
31 pages
Annotation
This Note argues that subjecting Native American juveniles to Federal sentencing based purely on their jurisdictional status does not serve the interests of justice.
Abstract
Sentencing American Indian juveniles to longer sentences is in direct conflict with the Federal system’s goals of reserving criminal prosecution for the most serious instances of juvenile criminal conduct and reducing the occurrences in which minority defendants receive longer sentences than white defendants. The Note includes a brief overview of sections of the Federal Juvenile Delinquency Act (FJDA) and Federal criminal jurisdiction in Indian country. It explores the constitutionality of subjecting Native American juveniles to Federal criminal jurisdiction where they will face more severe consequences for their actions based solely on their classification as Indians. It introduces alternatives to the current practice that would reduce the disparate impact of the FJDA on Indian juveniles without disturbing the integrity of the Federal judicial system. Congress could presume tribal court jurisdiction over Indian juveniles as it already does with State and other local courts. In addition, Congress could formally recognize youthfulness as a mitigating factor in the Federal sentencing of Indian juveniles who face Federal adult prosecution based solely on their jurisdictional status rather than the seriousness of the criminal offense. Notes