Sex Offender Registration Within Indian Tribes

Sex Offender Registration Within Indian Tribes PDF

Author: Angelica K. Bishop

Publisher: Nova Science Publishers

Published: 2015-05-07

Total Pages: 106

ISBN-13: 9781634824019

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According to DOJ, tribal nations are disproportionately affected by violent crimes and sex offenses in particular. In 2006, Congress passed SORNA, which introduced new sex offender registration and notification standards for states, territories, and eligible tribes. The act made special provisions for eligible tribes to elect either to act as registration jurisdictions or to delegate SORNA functions to the states in which they are located. This book addresses, among other things, the extent to which eligible tribes have retained their authority to implement, and for those that did, describe their implementation status; and implementation challenges tribes that retained their authority reported, and steps federal agencies have taken or could take to address these challenges.

The National Guidelines for Sex Offender Registration and Notification

The National Guidelines for Sex Offender Registration and Notification PDF

Author: U.s. Department of Justice

Publisher: CreateSpace

Published: 2014-10-17

Total Pages: 96

ISBN-13: 9781502865960

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The Sex Offender Registration and Notification Act (“SORNA” or “the Act”), which is title I of the Adam Walsh Child Protection and Safety Act of 2006 (P.L. 109-248), provides a new comprehensive set of minimum standards for sex offender registration and notification in the United States. These Guidelines are issued to provide guidance and assistance to covered jurisdictions—the 50 States, the District of Columbia, the principal U.S. territories, and Indian tribal governments—in implementing the SORNA standards in their registration and notification programs. The adoption of these Guidelines carries out a statutory directive to the Attorney General, appearing in SORNA § 112(b), to issue guidelines to interpret and implement SORNA. Other provisions of SORNA establish the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (the “SMART Office”), a component of the Office of Justice Programs of the U.S. Department of Justice. The SMART Office is authorized by law to administer the standards for sex offender registration and notification that are set forth in SORNA and interpreted and implemented in these Guidelines. It is further authorized to cooperate with and provide assistance to states, local governments, tribal governments, and other public and private entities in relation to sex offender registration and notification and other measures for the protection of the public from sexual abuse or exploitation. See SORNA § 146(c). Accordingly, the SMART Office should be regarded by jurisdictions discharging registration and notification functions as their key partner and resource in the federal government in further developing and strengthening their sex offender registration and notification programs, and the SMART Office will provide all possible assistance for this purpose. The development of sex offender registration and notification programs in the United States has proceeded rapidly since the early 1990s, and at the present time such programs exist in all of the states, the District of Columbia, and some of the territories and tribes. These programs serve a number of important public safety purposes. In their most basic character, the registration aspects of these programs are systems for tracking sex offenders following their release into the community. If a sexually violent crime occurs or a child is molested, information available to law enforcement through the registration program about sex offenders who may have been present in the area may help to identify the perpetrator and solve the crime. If a particular released sex offender is implicated in such a crime, knowledge of the sex offender's whereabouts through the registration system may help law enforcement in making a prompt apprehension. The registration program may also have salutary effects in relation to the likelihood of registrants committing more sex offenses. Registered sex offenders will perceive that the authorities' knowledge of their identities, locations, and past offenses reduces the chances that they can avoid detection and apprehension if they reoffend, and this perception may help to discourage them from engaging in further criminal conduct.

Sex Offender Registration and Notification in the United States

Sex Offender Registration and Notification in the United States PDF

Author: U. S. Department U.S. Department of Justice

Publisher:

Published: 2019-03

Total Pages: 31

ISBN-13: 9781688303928

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Sex offender registration and notification schemes have existed in the United States for decades. These systems are loosely referred to as sex offender registries.In the United States, sex offender registration is conducted at the local level. Generally, sex offenders in the United States are required to register with law enforcement in each state, locality, territory or tribe where they reside, work or attend school. Every U.S. state, the District of Columbia, the five principal U.S. territories and approximately 150 federally recognized Indian tribes have their own sex offender registration and notification systems. Every one of these sys-tems has its own nuances and distinct features. Every jurisdiction (state, territory and tribe) makes its own determinations about who is required to register, what information offenders must provide, which offenders are posted on the jurisdiction's public registry website, and so forth. Although the federal government does not directly administer sex offender registries, it is involved in sex offender registration and notification in meaningful ways.

Criminal Convictions in U.S. Tribal Law

Criminal Convictions in U.S. Tribal Law PDF

Author: Andrew Novak

Publisher: Taylor & Francis

Published: 2024-08-02

Total Pages: 183

ISBN-13: 1040102271

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This book is the first comparative law study of collateral consequences of criminal conviction in all federally recognized Indian tribes in the lower 48 U.S. states, and the mechanisms for restoring civil rights in tribal law. Surveying the constitutions, codes, and ordinances of tribal jurisdictions reveals a broad range of consequences – the impact of which has not been comprehensively and critically examined. Like state and federal jurisdictions, tribal law attaches thousands of legal disabilities to tribal offices, business licenses and permits, social services, and civil rights for persons with criminal convictions. This is especially true in economically important industries such as gaming and resource extraction; additionally, rapidly changing areas such as marijuana regulation and sex offender registries expand the scope still further. This book catalogues restoration of rights procedures in tribal law, to include pardons, expungements, and record sealing. Collateral consequences have proliferated in tribal law because of the limitations of tribal criminal jurisdiction, including over non-tribal members. However, tribal collateral consequences risk contributing to overcriminalization and social exclusion for persons with previous criminal convictions, especially as Native Americans are already disproportionately impacted by the U.S. criminal justice system. This book will appeal to legal academics, scholars, and practitioners working in tribal criminal law, as well as to others with interests in Indigenous legal issues.

The Social History of Crime and Punishment in America

The Social History of Crime and Punishment in America PDF

Author: Wilbur R. Miller

Publisher: SAGE Publications

Published: 2012-07-20

Total Pages: 4161

ISBN-13: 1483305937

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Several encyclopedias overview the contemporary system of criminal justice in America, but full understanding of current social problems and contemporary strategies to deal with them can come only with clear appreciation of the historical underpinnings of those problems. Thus, this five-volume work surveys the history and philosophy of crime, punishment, and criminal justice institutions in America from colonial times to the present. It covers the whole of the criminal justice system, from crimes, law enforcement and policing, to courts, corrections and human services. Among other things, this encyclopedia: explicates philosophical foundations underpinning our system of justice; charts changing patterns in criminal activity and subsequent effects on legal responses; identifies major periods in the development of our system of criminal justice; and explores in the first four volumes - supplemented by a fifth volume containing annotated primary documents - evolving debates and conflicts on how best to address issues of crime and punishment. Its signed entries in the first four volumes--supplemented by a fifth volume containing annotated primary documents--provide the historical context for students to better understand contemporary criminological debates and the contemporary shape of the U.S. system of law and justice.

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