Abstract

The Violence Against Women Reauthorization Act of 2013 (VAWA 2013) amended the Indian Civil Rights Act (ICRA) to ensure that non-Indian criminal defendants in Tribal courts have the right to a trial by an impartial jury that is drawn from sources that 1) “reflect a fair cross section of the community” and 2) “do not systematically exclude any distinctive group in the community, including non-Indians.” This requirement applies when a non-Indian who is criminally prosecuted in Tribal court faces possible imprisonment.

The implementation of these jury provisions has been a topic of discussion among the Inter-Tribal Working Group on Special Tribal Criminal Jurisdiction (ITWG) due to the complex legal and logistical issues they raise. The ITWG has collaborated extensively with the Center for Jury Studies to interpret this provision accurately, develop effective strategies for its implementation, and ensure that their jury processes comply with ICRA as amended by VAWA 2013. This collaboration aims to uphold the integrity of the judicial process and protect the rights of defendants.

This paper explores the origins and implications of the fair cross-section requirement, drawing on relevant Federal jurisprudence, particularly the landmark U.S. Supreme Court case Duren v. Missouri. It also addresses some of the practical challenges tribes face in defining their communities and assembling representative jury pools. By examining these legal frameworks and practical considerations, this report provides guidance to Tribal governments about how they can effectively implement the jury provisions of VAWA 2013 while maintaining fairness and upholding community values.

This abstract has been taken from the authors' introduction.

Document Type

Article

Publication Date

2024

Publication Information

Tribal Law & Policy Institute (2024)

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