Rulings could curb domestic violence on reservations
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December 13, 2011
FARGO, North Dakota: Future rulings may bring change to North Dakota that could help lower domestic violence rates on reservations.
Roman Cavanaugh, of North Dakota's Spirit Lake Indian Reservation, was convicted of domestic abuse offenses twice in 2005 and once in 2008. He was prosecuted another time in 2008 for a separate incident, but the tribal court judge threw out the case. The judge ruled that because Cavanaugh did not have a lawyer when convicted in court, he could not be charged as a habitual offender. Tribal courts are currently not required to provide public defenders and could afford them if they were required. Cavanaugh has appealed the decision reinstating their indictments to the U.S. Supreme Court.[1]
In domestic violence convictions, the tribal court's maximal sentence typically given is a one year prison sentence. Timothy Purdon, the U.S. attorney for North Dakota, hopes the future rulings will make it easier for federal prosecutors to indicting offenders on Indian reservations.[1]
"Protecting Indians from domestic violence is unquestionably a legitimate government interest. Congress has found that Indian women are subject to physical and sexual abuse at higher rates than other groups in the United States." -Judge Carlos F. Lucero[1]
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