Tribal Criminal Jurisdictional Authority Impact on Indigenous People's Safety and Access to Justice: A Multiple-Case Study

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Authors

Trueblood, Karim

Issue Date

2024

Type

Thesis

Language

en_US

Keywords

Ignatian Leadership , Indigenous , Justice , Policy Analysis , Social Justice , Tribal Governments

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Abstract

The Dissertation in Practice (DIP) implements a qualitative multiple-case study to investigate the patchwork of legislation and policy impacting Indigenous people’s safety and access to justice. The study focuses on the complexities arising from Public Law 280 (PL 280), including four unique case studies bounded by jurisdictional authority; Alaska and California represent PL 280 and Oklahoma and South Dakota non-PL 280. The cases are guided by the complex interplay of Lands and Laws, Law Enforcement, Courts, and Data Sharing. Additionally, ten expert attorneys were interviewed to provide unique professional insights. Through cross-case analysis, the study highlights the obscure and conflicting dynamics affecting tribal criminal jurisdictional authority. The study proposes two strategies: the Knowledge Nexus Project and the Sovereign-State Safe Accord Initiative. The Knowledge Nexus Project proposes to establish an accessible and user-friendly online hub to centralize information, while the Sovereign-State Safe Accord Initiative seeks to establish an Indigenous-led coalition to advocate for legislative reform. Preliminary implementation plans prioritize structure and flexibility. Furthermore, the study recognizes the need to embrace the humanity of Indigenous people through a spiritual and Ignatian leadership paradigm. Implementing collaboration, discernment, reflection, compassion, cultural awareness, and religious tolerance to shape Indigenous-centered alternatives. Respecting Indigenous culture and traditions, empowering tribal sovereignty, and promoting the right to self-government are means to foster reconciliation and work towards a more equitable and just future.

Description

2024

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Creighton University

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Copyright is retained by the Author. A non-exclusive distribution right is granted to Creighton University and to ProQuest following the publishing model selected above.

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