Native American Juries Wouldn't Treat Non-Indians Fairly, Says GOP Senator

Chuck Grassley explains his vote against the Violence Against Women Act

Sen. Chuck Grassley (R-IA) has been taking heat for his comments on Native American courts. He defended his vote against the Violence Against Women Act reauthorization by claiming that it would allow all-Native American juries to prosecute non-Native American men who violate women on reservations. All-Native juries wouldn't be fair to non-Natives, he explained.

http://www.youtube.com/watch?v=BRpjxtLrTcE

Some research supports Grassley's idea that an all-Native jury would be biased. "Impartiality is called into question when defendants face juries that include few, if any, members of their race," a recent study claims.

However, Grassley is wrong that VAWA authorizes all-Native juries. The bill actually requires tribal courts to use representative juries: "The participating tribe shall provide to the defendant...an impartial jury that is drawn from sources that reflect a fair cross section of the community [and does] not systematically exclude any distinctive group in the community, including non-Indians." Since 46% of people living on reservations are non-Native, tribal juries should contain non-Native members.

Grassley was one of 22 Republican senators who voted against VAWA, which passed the Senate on Feb 12. The House has released its own version, which excludes Native American courts.

Via the Huffington Post. H/T Politix user PNWest.

Do you think tribal courts will be fair to non-Native Americans accused of violence against women?

[AntiPorcheria]

LOL!!! Oh my god. But WHITE ILLEGAL IMMIGRANTS treated the Native Americans with Absolute Fairness?! Right! Have a disease filled blanket and some beads.

[MaxPain]

And their is the GOP again looking for its 5nano seconds of Fame.And always using the logic of what crosses the finishing line last and the sun rarely sees.

[_Jenny_]

In one statement they downed both minorities and women. I should say 'once again' downed minorities and women. The Republicans sound as if they're saying native Americans aren't bright enough to be trusted on juries in their own jurisdiction. There's also the element that Republicans have for two years blocked any bill helping women., plus have across the nation submitted bill after bill to control women. They even blocking fair pay laws. The old Republican Party from long ago is gone. The 'new' Republican Party should never be allowed in power. It's been infiltrated too thoroughly and deeply by the wrong type people.

[Buckfan4life2]

@_Jenny_ What if the woman is white being beat by her native American husband and the jury lets him walk? How about a black man or black woman being married to a native American. Does that change the rules now? I see how you liberals work.

[frigginhell]

@Buckfan4life2 What if? Strawman arguement. What if the russians won the cold war? What if peanut butter tasted like anchovies. He's justifying misogyny with racism. You defend him anyway with a what if strawman arguement. You have no proof or case to cite where that's ever happened. The rules call for a diverse and impartial jury the same as anywhere else. Did you read that portion. I see how you as an individual work. I won't make a broad statement about 40% of the country who share you political leanings in an attempt to score points. I'm sure there are some who can read and comprehend what was presented without resorting to fairy tales to justify his comments and actions.

[Yank]

What immigration laws did they violate?

[Sonny]

"Tribal Courts" have always been biased against "non-Indians"...Why has no one ever looked into this before. Tribal courts rarely, if ever, even bother to follow most US rules. When ever a non-Indian contractor, for example, has to go before a Native-American Tribunal---the pretty much always lose to the Native-American who is bringing suite...This is nothing new at all. I have argued that something needs to be done in general, in this area for some time, now.

But frankly I suspect that this Senator has know of the one-sided nature of Indian Courts for some time, now...And is just using this as an excuse not to pass the VAWA...at this time. I understand that the law has built-in some new safegaurds to prevent Indian Tribunal bias in these situations...So he has no excuse, as far as I'm concerned.---What they need to do now, is look into "fixing these kinds of courts" for all Americans, Indian as well as non_Indian.

[kyrebel]

Crimes against women can not be tolerated. On or off the reservation. If they're convicted guilty, I say let the Indians scalp them. That would make someone think twice about harming a woman. Might even help us fathers get better sleep at night.

[rkinsawjoe]

Rather than presuppose racism and discrimination based on personal bias', why not simply say to men "Don't beat the hell out of your old lady anywhere that "they" outnumber "us" regardless of who "they" or "us" might be." What kind of idiot goes to any predominantly ethnic community,smacks around a woman presumably a member of that ethnicity and doesn't expect that things might not go his way?

[DogLady_1]

So, beating your wife is ok if you do it amongst your own people? What kind of idiot smacks any woman around anywhere???

[rkinsawjoe]

@DogLady_1 Well,no. Ideally wifebeating should take place in the privacy of the home for obvious reasons. No witnesses or pesky bystanders and of course if there is no one to answer her cries for help you can finish the job without interruption. This is for her benefit because it means a longer period of time before she needs another tune up.But let me say that I'm absolutely against these guys who constantly slap their women around. Done properly a good beating should guarantee docile behavior for at least six months and maybe up to a year.

[rkinsawjoe]

@DogLady_1 I was joking ya wingnut! You know, using humor to point out the absurdity of the notion that a jury of all native Americans couldn't reach a just verdict. Geeze a Lou! Take a pill or something lady.

[DogLady_1]

@rkinsawjoe - LOL!

[armed_liberal]

If you are white and want to be treated fairly, don't go beating women on reservations. The rest of us have nothing to worry about.

[Fishbone345]

Oh my God, best comment thus far! Without a doubt! I wish I could vote you up more than once, because you deserve about a thousand.
Right? If you beat women, fair isn't something you should be worrying about, because fair left the building the moment you decided to impose your will on someone using might.

[texas_cutie75]

Both of these comments are dead on accurate!! Thank you!!

[Knightkore]

How about not beating women anywhere? I mean seriously.....

http://www.enditnow.org/

Here we need more organizations like this....

{Tried helping a friend, my wife and I who was being beaten....she went back I think....we're still there for her if she needs us but this kind of stuff needs to stop....}

[tomincali]

more political nonsense.

then again we have the likes of obama who sees it not right to punish black kids as harsh as the schools punish white kids for the same exact things,even worst is so many are ok with that twisted form of so called thinking.

[mtkopf]

Are you going to cite any sort of source on your accusation against Obama? I would love to read it.

[tomincali]

@mtkopf i sure can , that sure would show a bigot would it not or is that ok for him .

[BossTweed]

Remember when WHITE kids in Calif were sent home for wearing shirts with the American Flag on them as it was deemed OFFENSE and DIVISIVE to the Illegals in the State Public Schools. Oy Vey!!

[tomincali]

@tomincali here ya go,you may not like the source yet can search all says the same some just word it another way.

http://www.americanthinker.com/2012/08/obama_...

[tomincali]

@BossTweed here in ca school kids have to sit through assemblies with the likes of la raza spewing their stuff.

[Roco]

I voted not sure because having lived on a reservation and being non-Indian (I know it is not PC) know first hand that there is some unfairness towards non-Indians. There is also a lot of unfairness between clans. It's hard to say for sure because it really depends on the leadership of the Indian judicial system. Some adhere strongly to the customs and some incorporate US law along side of customs. I have witnessed cases in favor of non-Indians. Not a lot but some.

[blue_yahoo]

Been there done that myself and understand your position.

[PNWest]

To conservatives it is not racism to have all-white juries sitting in judgement on non-white defendants but even the thought of a non-white jury sitting in judgement of a white defendant sends them in to a frenzy.

[Buckfan4life2]

You have a problem with whites? Hell yes you do! Now Iam sure you woudn't want a brotha on the stand facing an all native American jury would ya? Why is it you liberals are acting like this is fair when this is what you all are supposed to be about. This is why I say all liberals are hypocrites. Its always down with the whites.

[PNWest]

@Buckfan4life2 I have no problem with white people - I am one! I do have a problems with racism and discrimination which sets me apart from some conservatives like you.

[Buckfan4life2]

@PNWest Right Mr Liberal. You are the perfect example of most liberals,call everyone else racist when all the while they are saying racist things. Good job guys.

[PNWest]

@Buckfan4life2 To quote me: "I do have a problems with racism and discrimination which sets me apart from some conservatives like you."

[Thunderchicken]

I don't know about the Indian courts but when I first ventured onto a reservation, I was told that whatever I did, do not get in to any trouble at all. Even if you're in the right. Don't be involved in anything that may lead to trouble.

[CommonSense]

I know the law also applies to male victims but seriously the name of this law is sexist.
It suggests that it is worse when a woman is a victim of domestic violence. Domestic violence is domestic violence.
It should just be the "Against Domestic Violence Act".

[NTBFW]

I have no opinion. I know nothing about tribal politics.

[Fishbone345]

Being as "Jury of your peers" pretty much means anyone you can sucker into serving, and then whomever survives being dismissed by attorney's out of "Fairness", I highly doubt this should be an issue.
How many times do we see a jury of actual peers currently?

[WMCOL]

Too much racist thinking and not enough American thinking that all are created equal and entitled to liberty.

[Fishbone345]

I think its kind of ironic that we are discussing "Fairness" on a Reservation. Land that is a side thought for the remnants of attempted genocide.
"Here, we're gonna round up the rest of your race and shove them in places that we deem to shitty for us to use, enjoy! Oh and in the future if asked, you are to reply this is totally fair!"

[VVP]

No I dont, Nor would I be surprised, nor do I care. You go to native lands, harm a woman on a reservation, you deserve to be scalped if not worse.

[ErnestPayne]

Reminds me of the west virginian the BBC interviewed before the first Obama election. According to the drooling mouth breather electing obama would mean he would enslave all the whites as revenge for slavery. Apparently upchuck is a close relative.

[harold_lloyd]

I think the issue of Native American courts is a distraction, and meant to be so.

So then the question arises, what is really going on that these guys don't want to vote for the VAWA?

[Thegrif]

Almost hate to say this, but I agree with Harold on this one. LOL
But also this is like saying the only way you can get a fair trial is if only members of your same race are in the jury. Now if that were found to be true, man, there would be lots of pissed off inmates out there.

[Denizen_Kate]

Don't want a trial to take place on the rez? Request a change of venue. SMH

[Thegrif]

Kate, so would that change have to be to another reservation or to another Native American court.
Wonder how that would work?

[Denizen_Kate]

@Thegrif - I don't know. I'm unsure about how jurisdiction rules are decided where Native American reservations are concerned. If the accused is non-Native, perhaps a change of venue is possible.

[Chromalord]

Seriously, its seems like every week someone from the GOP says something offensive. Is this how they are going to go about fixing their broken party? Right or wrong, you are only as good as you are perceived to be.