"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.