Violence against Native American Women

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Analytic essay

Prompt 2:
Content Warning: This prompt refers to gender-based violence.
In the 2022 published newspaper article “Leaders fighting for missing or murdered Indigenous people call for help from Congress” below, the Source NM [New Mexico] reports on Native American advocates that are pushing for the federal government to reform the Violence Against Women Act in order to grant Native American tribes the authority to prosecute non-Indigenous people in tribal courts. The reason for this is because under the current system, tribal courts do not have the power to prosecute certain crimes, including homicide, committed by non-tribal members on tribal lands, and the (federal) Department of Justice has consistently failed to do their duty to prosecute these cases. This social movement and the jurisdictional dispute that it addresses highlights one of the problems with legal pluralism today: In societies with multiple legal systems, the needs of members of marginalized groups, such as Native American women, go unmet.
Based on what you know about pluralist legal systems and indigenous law, do you think that empowering tribal courts over non-tribal persons accused of committing serious crimes, including violence against women, would be the most effective solution? (For example, an alternative would be to hold federal prosecutors accountable and ensure that they had the sufficient resources needed to prosecute violence committed against Native American women by non-Native persons on tribal lands.) Furthermore, can you imagine any unintended consequences with extending the logics and traditions behind indigenous law to non-indigenous people?

Link: https://sourcenm.com/2022/03/04/leaders-fighting-for-missing-or-murdered-indigenous- people-call-for-help-from-congress/

*I WILL PROVIDE THE DOCUMENTS FOR THE SOURCES NEEDED*

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