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Resources
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Legal Issues
expanding_the_network_of_safety.pdf -
The right to exist in a world free from violence is a basic tenet in many indigenous cultures and governments. The epidemic of sexual violence perpetrated against Native American women in the United States reflects a fundamental breakdown in the cultural and legal norms that have served to provide protection to Native women from time immemorial.
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Article/Acrobat |
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219 Kb |
law_enforcement_authority_in_indian_country.pdf -
The protection order has proven to be an effective tool in the war against domestic violence. A protection order, however, is good only so longs as it can be enforced, and enforcement has proven to be a problem when a person travels with a protection order to a different jurisdiction.
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Article/Acrobat |
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231 Kb |
tribal_dv_compendium.pdf -
This publication from the Office on Violence Against Women is designed to assist tribal judicial officers in understanding how some tribal governments have handled certain legal issues within the context of domestic violence cases. While a great deal of research has been done on case law in the state systems, little to no analysis has been done on the tribal judicial approach to domestic violence. This compendium, developed as part of an overall code-writing workshop curriculum for tribal governments, will assist tribal legislators as well. Understanding how laws are interpreted by the court systems may impact the development of laws that provide safety to tribal citizens.
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Book/Acrobat |
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216 Kb |
victim_witness_information.htm -
Crime Victims' Rights Under Federal Law, provided in the Justice for All Act of 2004, SEction 3771 of Title 18 of the US Code.
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Article/ |
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6 Kb |
children_and_dv_summary_of_state_laws.pdf -
In recent years, incrased attention hasd been focused on children who may be impacted by violenc in the home either as direct victims or as witness to domestic violence. Although mandatory reporting laws have been the primary means for preotecting abused and neglected chidlren, many states now provide additional protection for children in thier Domestic Violence laws.
protectivecustodyhandbook.pdf -
This publication from the state of Alaska Division of Family and Youth SErvices is a handbook for parents and guardians in child abuse and neglect cases. It outlines the rights and responsiblities of families whose children have been removed from their homes by the state. "What happens when DFYS becomes involed with a Native child?" addresses helps readers know their rights and who to contact in the event that this should happen in their homes.
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Book/Acrobat |
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375 Kb |
a_guide_for_mandatory_reporters_of_child_abuse_in_oregon.pdf -
What can you do About Child Abuse: A guide for mandatory reporters, Oregon. All citizens have responsiblity to prevent child abuse and protect children. Individuals can help children in a variety of ways, from simply being their friend to protecting them from abuse. Communities can help provide the resources children and families need, such as safe day care and treatment services for child abuse victims. Mandatory reporters of child abuse, along with the Department of Health SErvices and law enforcement officers have a legal obligation for child protection.
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Book/Acrobat |
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1860 Kb |
mandatory_reporting_a_clergy_dilemma.pdf -
Confidentiality and Mandatory Reporting: A Clergy Dilemma? This article examines the complex issues surrounding mandatory reporting requirements and the historical confidentiality privilege maintained by clergy. The article examines issues raised when clergy are presented with information regarding a crime and the potential for on-going harm to an individual. The author explains how the expectations of mandatory reporting and the expectations of pastoral confidentiality are not entirely contradictory. The author also explains how clergy should use confidentiality to protect victims rather than to sustain abuse.
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Article/Acrobat |
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63 Kb |
voca_funds.pdf -
OVC Fact Sheet: Victims of Crime Act Crime Victims Fund. This OVC Fact Sheet defines what the fund is, how funds are deposited, and who is eligible to receive funds in clear, easy-to-read language.
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Article/Acrobat |
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697 Kb |
basic_indian_law_research_tips_i.pdf -
Basic Indian Law Research Tips—Part I: Federal Indian Law. By David Selden and Monica Martens. This article presents a brief overview of the print and electronic resources available on Federal Indian law.
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Article/Acrobat |
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140 Kb |
basic_indian_law_research_tips_ii.pdf -
Basic Indian Law Research Tips—Part II: Tribal Law. By David Selden and Monica Martens. This two-part article seeks to provide practical tips for researchers of Indian law. Part II covers tribal law research.
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Article/Acrobat |
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158 Kb |
domesticviolencechildcustodychart.pdf -
Custody Decisions in Cases with Domestic Violence Allegations. American Bar Association. This table provides a state-by-state analysis of court decisions.
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Article/Acrobat |
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109 Kb |
evaluation_of_casa.pdf -
Evaluation of Court Appointed Special Advocates/Guardians Ad Litem Volunteer Impact. The National Court Appointed Special Advocate (CASA) Association. This report summarizes the survey results and provides National CASA with insights on factors used by judges to select cases to assign CASA/GAL advocacy; impact of CASA/GAL volunteers on judicial decision-making, court processes and case outcomes; and the role and effectiveness of CASA/GAL volunteers within the court system.
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Article/Acrobat |
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170 Kb |
childcustodyvisitationdecisionsindvcases.pdf -
Child Custody & Visitation in Domestic Violence Cases: Legal trends, research findings, and recommendations. Daniel Saunders. This article examines legal and cultural trends surrounding custody and visitation decisions and the role of social science evidence supporting a need to consider Domestic Violence in custody and visitation cases.
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Article/Acrobat |
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39 Kb |
batterprogramswhatcriminaljusticeagenciesneedtoknow.pdf -
Batterer Programs: What Criminal Justice Agencies Need to Know. National Institute of Justice: Kerry Healey and Christine Smith. This report is intended to bridge the information gap and thereby enable criminal justice professionals to make informed choices among programs and communicate more effectively with program providers. Program staff should find the report useful as an explanation of the constraints faced by the criminal justice system, its procedures, and its underlying goals—to protect victims and to deter re-offending.
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Article/Acrobat |
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83 Kb |
how_the_just_sys_responds_to_juv_vics.pdf -
How the Justice System Responds to Juvenile Victims: A Comprehensive Model. OJJDP: David Finkelhor, Theodore P. Cross, and Elise N. Cantor. This Bulletin introduces the concept that The juvenile victim justice system is not a justice system exists that responds to as widely recognized in part because it juvenile victims.
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Article/Acrobat |
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417 Kb |
prosecutors_kids_and_dv.pdf -
Prosecutors, Kids, and Domestic Violence Cases. Debra Whitcomb. This article describes some of the issues prosecutors should be aware of when they handle domestic violence cases involving children, especially in light of recent legislation aimed to protect children.
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Article/Acrobat |
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208 Kb |
confrontation_clause.pdf -
The Confrontation Clause Re-Rooted and Transformed. Richard D. Friedman. This article examines the right of the accused to face his/her accuser.
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Article/Acrobat |
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200 Kb |
public_law_280.htm -
This resource provides information on Public Law 280, a substantial transfer of jurisdiction from the federal government to the states in Indian Country and its impact on victims of crime
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Article/ |
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44 Kb |
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