Reconsidering the Commission’s Treatment of Tribal Courts

Authors

Kevin Washburn, University of New Mexico - School of LawFollow

Document Type

Article

Publication Date

2-1-2005

Abstract

Since the U.S. Sentencing Commission first enacted the federal Sentencing Guidelines, the Guidelines have treated tribal courts in a manner that is impossible to reconcile with other modem federal policies of respect for tribal self-determination and self-governance. In refusing to count tribal convictions for purposes of routine calculation of criminal history, the Commission has disrespected tribal courts. The Commission's tribal courts policy is anachronistic and out of step with modem efforts to support tribal courts. The Commission should amend the guidelines to reflect the principle that misdemeanor convictions from tribal courts are entitled to the same level of respect as misdemeanor convictions from state, county, and municipal courts.

Publication Title

Federal Sentencing Reporter

Volume

17

Issue

3

First Page

209

Last Page

214

Recommended Citation

Kevin Washburn, Reconsidering the Commission’s Treatment of Tribal Courts, 17 Federal Sentencing Reporter 209 (2005).
Available at: https://digitalrepository.unm.edu/law_facultyscholarship/502