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C Respondent Bryant’s conduct is illustrative of the domestic violence problem existing in Indian country.
that American Indian and Alaska Native Tribes face, §117(a) provides felony-level punishment for serial domestic violence offenders, and it represents the first true effort to remove these recidivists from the communities that they repeatedly terrorize.”).
And by treating all tribes as possessing an identical quantum of sovereignty, the Court’s precedents have made it all but impossible to understand the ultimate source of each tribe’s sovereignty and whether it endures.
Congress’ purported plenary power over Indian tribes rests on even shakier foundations.
It held, however, that Bryant’s tribal-court convictions could not be used as predicate convictions within §117(a)’s compass because they would have violated the Sixth Amendment had they been rendered in state or federal court.
The right to counsel under ICRA is not coextensive with the Sixth Amendment right.This case raises the question whether §117(a)’s inclusion of tribal-court convictions as predicate offenses is compatible with the Sixth Amendment’s right to counsel.The Indian Civil Rights Act of 1968 (ICRA), which governs tribal-court proceedings, accords a range of procedural safeguards to tribal-court defendants “similar, but not identical, to those contained in the Bill of Rights and the Fourteenth Amendment,” , 436 U.Several years earlier, unrepresented by counsel, he had been convicted of driving under the influence (DUI), a state-law misdemeanor, and fined 0 but not imprisoned.1627, 1636–1637 (1998); Tribal Law and Policy Inst., S.