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Defendants Due Process Rights & Requirements

Tribal Law and Order Act (TLOA) and Violence Against Women Act (VAWA) Due Process Requirements

Both the exercise of VAWA 2022 enhanced jurisdiction over non-Indians and Tribal Law and Order Act (TLOA) enhanced sentencing share requirements that are listed in the Indian Civil Rights Act. For example, under both statutes the Tribes are required to “provide to the defendant the right to effective assistance of counsel at least equal to that guaranteed by the United States Constitution.” If a Tribe meets the statutory requirements to exercise criminal jurisdiction over non-Indians, then it is close to preparing to implement TLOA enhanced sentencing as well, if it chooses to do so.  While TLOA and VAWA special Tribal criminal jurisdiction share requirements under 25 U.S.C. § 1302(c) there are a few differences as set forth in the following chart.

TLOA VAWA Chart.jpg
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