Law Commons^™

Redefining Tribal Sovereignty To Expand Native Jurisdiction Over The Death Penalty, Olivia Louthen

Senior Theses and Projects

Using Lezmond Mitchell’s case as an example, this thesis will explore the ways in which the federal government should redefine tribal sovereignty to expand Native jurisdiction over the death penalty. For centuries, the U.S. has undermined the cultural beliefs and authority of tribal governments by legally and illegally executing Native Americans. Most recently, the Trump administration executed Lezmond Mitchell, completely disregarding the Navajo Nation’s opposition to the death penalty. According to federal law, the government must receive tribal consent to seek out a death sentence against a Native defendant who is accused of committing an intra-tribal crime in Indian country. …