« An obvious and ultimate case for the federal death penalty | Main | Texas law providing wide discretion in sentencing of former House leader Tom DeLay »

January 9, 2011

"Separate But Unequal: The Federal Criminal Justice System In Indian Country"

The title of this post is the title of this new article available via SSRN.  Here is the start of the abstract:

In this Article, Troy Eid, a former United States Attorney for the District of Colorado, and Carrie Covington Doyle conclude that the federal criminal justice system serving Indian country today is “separate but unequal” and violates the Equal Protection rights of Native Americans living and working there.  That system discriminates invidiously because it categorically applies only to Native Americans and then only to crimes arising on Indian lands.  It is unequal because it is largely unaccountable, needlessly complicated, comparatively under-funded, and results in disproportionately more severe punishments for the same crimes, especially for juveniles.

January 9, 2011 at 07:06 PM | Permalink


TrackBack URL for this entry:

Listed below are links to weblogs that reference "Separate But Unequal: The Federal Criminal Justice System In Indian Country":


If Equal Protection starts to apply to Indians with respect to such issues, then why can't I open a casino?

Posted by: federalist | Jan 9, 2011 8:23:34 PM

I would like to open a casino as well =)

Posted by: Natural constipation Relief | Jan 10, 2011 2:01:19 AM

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB