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QUESTION
Imagine you are an advocate for a tribe. Before which of the treaty bodies might you challenge the following act
and what specific provisions would you argue had been violated? The refusal of the federal government to
authorize tribes to exercise full criminal jurisdiction over all persons who commit acts of violence against Native
women in Indian Country. Remember that without this authorization, tribes are either limited in sentencing
authority (if the defendant is an Indian) or unable to prosecute at all (If the defendant is a non-Indian), that
states have no jurisdiction to prosecute (if — as here — the victim is an Indian), and that the US has insufficient
resources to prosecute all offenders.
Sample Solutions
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