“We still have to pass legislation to include non-Indians on our jury,” Nimmo said. I don’t have a timeline but to say that we are working on it.” Many in the tribal community cite the federal government’s concern over whether non-Indians will receive a fair trial in Indian Country as a barrier to full jurisdiction, though legal professionals like Nimmo believe the statute could ease those concerns before it again comes up for reauthorization in 2018. Tribes also referred 2,922 assault-related cases, in which 46% were declined for prosecution.
After months of verbal abuse, things turned physical at the hands of her former boyfriend in September 2016.
Minthorn said that tribal police responded and the case was referred to the federal government, which ultimately declined it.
“I felt like I was seriously let down,” Minthorn said.
“I felt like he could do all the crime in the world, and it was just a slap on the hand.
While this was practiced by some tribes even prior to the VAWA reauthorization, for others it means changing tribal law.