Litigating Lives and Gender Inequality: Public Defenders, Policy Implementation, and Domestic Violence Sentencing

Sidorsky, Kaitlin; Schiller, Wendy J.

doi:10.1080/1554477x.2020.1800355

Cited by 2 publications

(3 citation statements)

References 18 publications

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“…For an excellent analysis of how these tribal nations still make an impact, see Hiraldo (2020). 3 For an expanded discussion of the role of DV courts in adjudicating domestic violence cases, see Sidorsky and Schiller (2020). 4 In 2022, the Supreme Court ruled 5-4 in Oklahoma v. Castro-Huerta that states do have the power to prosecute non-Native Americans for crimes committed on Native lands, and it appears that the court has been considering the structure of federal and tribal interactions more in recent years.…”

Section: Notesmentioning

confidence: 99%

“…(NCAI 2018)The vulnerability of Native American women to domestic violence at the hands of non-Native offenders without prosecution is a failure of governance to protect women. Other work on domestic violence policy has shown the ineffectiveness of federal and state policies to address domestic violence and finds that significant inequity exists across state lines in women’s human security in this domain (Schiller and Sidorsky 2022; Sidorsky and Schiller 2020; Sidorsky and Schiller 2023). We turn our attention here to the security of Native American women, many of whom live under the legal jurisdiction of tribal governments.…”

Section: Policy Innovation: Special Domestic Violence Criminal Jurisd...mentioning

confidence: 99%

“…3 For an expanded discussion of the role of DV courts in adjudicating domestic violence cases, see Sidorsky and Schiller (2020). …”

Section: Notesmentioning

confidence: 99%

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Obstacles to Federal Policy Adoption: The Case of Special Domestic Violence Criminal Jurisdictions in Native American Tribal Nations

Sidorsky¹,

Schiller²

2023

Perspect. polit.

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A core tenet of representation is that individuals should expect government to actively protect their human security. In the issue area of domestic violence in the United States, government largely fails to do this for women, who comprise three-quarters of all victims of domestic violence. Nowhere is this more apparent than for Native American women living on tribal lands. In terms of lifetime physical violence, nearly 52% of Native American women will be physically abused compared to 30.5% of white women, 41.2% of African American women, and 29.7% of Hispanic women (Crepelle 2020; Institute for Women’s Policy Research 2023). One of the main obstacles to keeping Native American women safer is that tribal nations have been functionally prohibited from prosecuting non-Native offenders of violence against Native Americans on their lands. Non-Native offenders comprise the bulk of domestic violence abusers in these communities. To address this inequity, the 2013 Violence Against Women Act (VAWA) created Special Domestic Violence Criminal Jurisdictions (SDVCJs). Through an application process, federally recognized tribal nations can create these jurisdictions to provide justice for the many women who are victims of domestic violence at the hands of non-Native persons. In this article we explore which tribal nations created these jurisdictions using an original dataset of the 354 tribal nations that were eligible to adopt an SDVCJ following the 2013 VAWA reauthorization. As of 2022, 31 tribal nations have adopted SDVCJs across 13 states, which have led to 74 domestic violence convictions. In this article, we explain adoption of these courts as a function of population, tribal nation fiscal capacity, federal grant support, and having an existing self-governance compact with the Bureau of Indian Affairs.

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Section: Notesmentioning

confidence: 99%

Section: Policy Innovation: Special Domestic Violence Criminal Jurisd...mentioning

confidence: 99%

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Obstacles to Federal Policy Adoption: The Case of Special Domestic Violence Criminal Jurisdictions in Native American Tribal Nations

Sidorsky¹,

Schiller²

2023

Perspect. polit.

Self Cite

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An Exploratory Study of State-Level Policies to Address Domestic Violence-Related Needs of Asian Indian Marriage Migrants: Perspectives of Service Providers Across Five States

Kapur,

Zajicek

2024

Journal of Women, Politics & Policy

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Litigating Lives and Gender Inequality: Public Defenders, Policy Implementation, and Domestic Violence Sentencing

Cited by 2 publications

References 18 publications

Obstacles to Federal Policy Adoption: The Case of Special Domestic Violence Criminal Jurisdictions in Native American Tribal Nations

Obstacles to Federal Policy Adoption: The Case of Special Domestic Violence Criminal Jurisdictions in Native American Tribal Nations

An Exploratory Study of State-Level Policies to Address Domestic Violence-Related Needs of Asian Indian Marriage Migrants: Perspectives of Service Providers Across Five States

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