TLOA goes even further to limit tribal communities' sentencing enhancement power by placing restrictions on who the enhanced sentence can be imposed against.
The next critical feature of TLOA, its collection and disclosure requirement for information regarding prosecution rates, (78) "was meant to increase political accountability and transparency between tribes and the federal government.
TLOA also established the Indian Law and Order Commission.
What the TLOA publication requirement shows is that Congress's concerns about the state of tribal law prevent it from simply removing the restrictions that the ICRA has placed on American Indian sentencing.
TLOA required the appointment of special prosecutors to assist the federal government in adjudicating major crimes in Indian country (Id.
outside TLOA and VAWA 2013 have the right to the assistance of retained
Thus, with respect to the right to counsel, the TLOA amendments to
the TLOA amendments to ICRA, the right to effective assistance of
In response to these problems of federal interference, Congress designed TLOA to enhance tribal self-governance.
One of the most significant provisions of TLOA, [section] 234, recognizes tribal sovereignty by increasing tribal sentencing authority.
TLOA authorizes the use of tribal prosecutors in this capacity.
TLOA amends the ICRA, increasing tribal court authority by allowing prosecutions of felony cases involving sentencing limited to up to 3 years imprisonment.