Tribal Criminal Jurisdiction Over Non-Indians:
Violence Against Women Reauthorization Act of 2022
Resources: Jury Requirements
Exercise of jurisdiction over non-Indians also requires that tribes guarantee the defendant: “the right to a trial by an impartial jury that is drawn from sources that reflect a fair cross section of the community and do not systematically exclude any distinctive group in the community, including non-Indians.” (25 U.S.C. § 1304(d)(3)).
If a tribe does not currently hold jury trials, it will have to establish a system for jury pools and jury trials. If a tribe currently holds jury trials and does not include non-Indians in the jury pool, the tribe will have to determine which sources to draw non-Indians from to include in the jury summons pool. This can be a process specifically tailored for cases with non-Indian defendants.
Some tribes may not want to include non-Indians on all jury trials. However, for cases with non-Indian defendants a tribe will need to define its “community” and the ratio of non-Indians that make up that community, which will vary from tribe to tribe. The tribe will have to determine sources for lists of potential jurors and establish a random selection process to select the jury panel from the designated source lists. A tribe will have to decide how much to change its judicial system to exercise this special jurisdiction to accommodate what may be only a few cases.
Resources, Tribal Law and Policy Institute
Fair Cross Section and Tribal Jury Composition: VAWA 2022 Tribal Criminal Jurisdiction Series
This publication explores the origins and implications of the fair cross-section requirement, drawing on relevant Federal jurisprudence, particularly the landmark U.S. Supreme Court case Duren v. Missouri. It also addresses some of the practical challenges tribes face in defining their communities and assembling representative jury pools. By examining these legal frameworks and practical considerations, this publication provides guidance to Tribal governments about how they can effectively implement the jury provisions of VAWA 2013 while maintaining fairness and upholding community values.
This Implementing TLOA and VAWA resource provides guidance for Native nations interested in implementing enhanced sentencing under the Tribal Law and Order Act and/or the special domestic violence criminal jurisdiction under the 2013 Violence Against Women Act. (Updated 2016).
Please note that this resource has not yet been updated to reflect VAWA 2022.
Resources, Center for Jury Studies
The Center for Jury Studies is dedicated to facilitating the ability of these citizens to fulfill their role in the justice system and enhancing their confidence and satisfaction with jury service by helping judges and court staff improve jury management.
Jury Selection Plan Examples
ITWG Webinar Series - Jury Selection
