● to be treated with fairness and respect for their dignity and privacy throughout the criminal justice process, 

● to be reasonably protected from the person accused of the crime, 

● to be told about court events, 

● to be present at those proceedings, 

● to speak with the prosecution, 

● to get paid back for their loss (also known as restitution), 

● to be heard,

● to be told about the conviction, sentencing, imprisonment, and release of the person accused of the crime, and 

● to a speedy trial. 

Victims have these rights whether the case is in a tribal court, Michigan state court, or federal court. Each place works a bit differently, but they all aim to help victims feel respected and involved in the justice process. These rights make sure that victims can start to heal from the harm they have experienced.

Which Court Will Hear My Case?

There are three types of governments that can deal with crimes on tribal lands. These are the federal government, tribal government, and the state government (which includes the county, and city). In Michigan, there are 12 tribes that the federal government recognizes. These tribes share power with the state and the federal government. When a crime happens on tribal lands, the court that hears the case depends on who has the power to make decisions about it. This power is called "jurisdiction". Jurisdiction means the power of a court to make legal decisions and judgments. This power can be over a certain area or over certain types of legal cases. When we talk about criminal jurisdiction, we mean the power of a court to handle a certain type of crime. 

Each of the 12 tribes has areas of land called “Indian Country” by federal law. "Indian Country" is land that the federal government says belongs to the tribes and they have power over it. This includes land that the federal government takes care of for the tribes. It is not always clear if some places are "Indian Country" and some of the tribes in Michigan have gone to court to better understand their power and authority. At the same time, some people have gone to court to question the power of the tribes. Often, governments agree to work together to keep people safe. Usually, police and lawyers know the borders and agreements and will follow them.   

When a crime happens in "Indian Country," the law might let one or more of the three governments' courts handle that crime. Which court can handle it depends on 1) who did the crime, 2) who was hurt by the crime, and 3) what the crime was. If a crime happens outside of "Indian Country," the state or federal court will probably handle it, depending on what the crime was. Sometimes, a tribe can also handle crimes committed by their members outside of their reservation lands.

Tribal Court Criminal Power 

Tribal court authority is the tribes' power to enforce their laws and keep order in their lands. This power has limits set by federal laws and U.S. Supreme Court decisions. Tribal courts work within a system that balances tribal power with federal control. This system makes sure that tribal courts have an important role in giving justice on reservations, handling different crimes, and helping keep tribal communities safe and well.

Tribal courts can handle crimes that happen within their lands. This power mostly covers crimes committed by Native Americans and sometimes non-tribal members. In 2013, a law called the Violence Against Women Act (VAWA) said that tribal courts can deal with certain types of violence against Native Americans. This rule is for everyone, whether they are Native American or not, who has committed violence in relationships or have broken certain rules in "Indian Country". In 2022, the VAWA law was updated. Now, it covers more crimes committed by non-Native Americans. These crimes include attacking tribal justice workers, hurting children, stopping justice, sexual violence, sex trafficking, and stalking. This expanded power was renamed "special tribal criminal jurisdiction."

Federal Court Criminal Power 

Federal courts can handle crimes in "Indian Country" in several situations, mainly outlined by the Major Crimes Act & the General Crimes Act. The Major Crimes Act lets federal courts handle serious crimes done by Native Americans on their reservations. The list of crimes includes, but is not limited to, murder, manslaughter, kidnapping, hurting someone badly, sexual abuse, and robbery. The idea is that federal authorities step in for these specific, more serious crimes. Under the General Crimes Act, the federal government can handle crimes in "Indian Country" involving non-tribal members against Native Americans or where the person who did the crime is not a tribal citizen, and the victim's status is not mentioned. Basically, if a non-Native American commits a crime against a tribal citizen on a reservation (or the other way around under certain conditions), the case can be tried in federal court. 

State Court Criminal Power 

In 2022, the highest court in the United States, known as the Supreme Court, made a new decision. They said that states can take legal action against people who are not Native Americans but commit crimes against a Native American on their lands. This was decided in a case called Oklahoma v. Castro-Huerta. This decision changed an older decision from 1881 called Worcester v. Georgia, 31 U.S. 515 (1832). The 12 tribes and the State of Michigan currently are discussing legislation on how to implement this decision in Michigan.

Rights of Crime Victims in the Tribal Courts

This handbook is written to provide victims of domestic violence, sexual assault, and stalking with information about their rights in the different tribal courts. Some of those rights are available to any victim of crime, and others are more specifically required in domestic violence, sexual assault, and stalking cases. Below is a summary of the written laws of each of the 12 tribes. 

Each of the 12 tribes in Michigan that the federal government recognizes has people who help victims of domestic violence and other crimes. These helpers are available through the court, the lawyer's office who is trying the case, or through the departments that help people. However, the rights of victims can change a lot from tribe to tribe, although the 12 tribes do provide similar services for victims of crime who live on reservations. Usually, the tribes recognize more rights and services than what their written laws say. 

Bay Mills Indian Community 

Part 3 of Chapter 5 of the Bay Mills Indian Community (BMIC)’s Code contains provisions on Crime Victims Rights. A “victim” is defined as “an individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a crime.”  Their definition of victim includes family members of deceased victims, parents of those under 18 years of age, or those who are mentally incapacitated. The BMIC code provides protections for victims:

• It provides for the protection of the victim from the defendant (different waiting rooms, revoke bond if harassed) and protection of their privacy during trial.  

• It ensures the police and the Crime Victim’s Advocate keep victims updated at all stages of the case. This includes the investigation, pretrial release, arraignment, trial, sentencing, appeal, and final disposition. 

• It ensures victims can attend all trials unless they're witnesses in the case. 

• It allows the victim to speak with the prosecuting attorney before jury selection and enables the victim to make a written or oral impact statement during sentencing.

• It ensures that the victim receives restitution and the return of their property. 

• It mandates that the tribe know about the case proceedings and its outcome. 

• It insists on speedy trials. 

• It clearly states that they do not allow private lawsuits seeking damages for non-compliance with these codes. 

Grand Traverse Band of Ottawa and Chippewa

Chapter 5 of Title 9 of the Grand Traverse Band of Ottawa and Chippewa (GTB) code provides for victims’ rights.  GTB defines a victim as “a person directly and proximately harmed as a result of the commission of an offense under” the tribe's law. The GTB code provides protections for victims:

• It provides for the protection of victims from the accused and ensures fair treatment, respecting the victim’s dignity and privacy.   

• It provides for notice throughout the court case (investigation, pretrial release, arraignment, trial, sentencing, appeal, & final disposition). 

• It contains provisions protecting the victim’s right to be present at any trial unless they are going to be called as a witness and there is clear and convincing evidence that their testimony would be materially altered should they hear other testimony.   

• It provides for the right for the victim to confer with the prosecuting attorney.

• It allows for written victim impact statements and the court may allow the victim to speak at sentencing.

• It provides for restitution.  

• It provides a right to proceedings without unreasonable delay. 

• It clarifies that there is no private right of action to seek damages for any failure to comply with these codes. 

The GTB Code enables a victim or their representative to address the trial court and provides a process for seeking a Writ of Mandamus and appellate review. 

Hannahville Indian Tribal Community

The Hannahville Indian Tribal Community (HITC) updated their Criminal Law and Procedure Code in 2023. It protects people who have been victims of sexual crimes. A victim is defined as a person who has been subjected to such a crime. These laws respect the privacy of the victim. They allow the victim to ask that their name be kept secret during the case. The laws also protect the victim's reputation and keep their past sexual history private.  

Keweenaw Bay Indian Community

The Keweenaw Bay Indian Community (KBIC) code does not contain provisions for victims' rights, but that is expected to change soon. In addition, tribal staff members are responsible for helping on-reservation victims.

Lac Vieux Desert Band of Lake Superior Chippewa Indians

In 2012, Lac Vieux Desert Band of Lake Superior Chippewa Indians (LVD) enacted a Domestic Violence code that affords victims of Domestic Violence some statutory rights. The code defines a victim as “a family or household member, or one with whom a dating relationship exists, who has been subject to domestic violence.” The code requires the Court to direct law enforcement to try to notify the victim and the victim’s advocate of any pretrial release and the conditions placed upon the defendant. The code also mandates the arrest of anyone who violates those conditions.  

Little River Band of Ottawa Indians 

Ordinance 18-400-12 of LRB’s laws provides for victims’ rights.  Little River Band of Odawa (LRB) defines a victim as “any individual who suffers direct or threatened physical, financial or emotional harm as a result of the commission of a crime.” The LRB code provides protections for victims:

• It provides for the protection of victims from the accused and ensures fair treatment, respecting the victim’s dignity and privacy.   

• It provides for notice throughout the court case (investigation, pretrial release, arraignment, trial, sentencing, appeal, & final disposition). 

• It contains provisions protecting the victim’s right to be present at any trial unless they are going to be called as a witness and there is clear and convincing evidence that their testimony would be materially altered should they hear other testimony.   

• It provides for the right for the victim to confer with the prosecuting attorney. 

• It allows the victim to make a written or oral impact statement at sentencing.

• It provides for restitution.  

• It provides a right to proceedings without unreasonable delay. 

• It clarifies that there is no private right of action to seek damages for any failure to comply with these codes. 

The LRB Code lets victims ask the prosecutor to enforce their rights.

Little Traverse Bay Bands of Odawa

Chapter 6 of Title 9 of the Little Traverse Bay Bands of Odawa (LTBB) code provides for victims’ rights.  LTBB defines a victim as “any individual who suffers direct or threatened physical, financial or emotional harm as a result of the commission of a crime.” The LTBB code provides protections for victims:

• It provides for the protection of victims from the accused and ensures fair treatment, respecting the victim’s dignity and privacy.   

• It provides for notice throughout the court case (investigation, pretrial release, arraignment, trial, sentencing, appeal, & final disposition). 

• It contains provisions protecting the victim’s right to be present at any trial unless they are going to be called as a witness and there is clear and convincing evidence that their testimony would be materially altered should they hear other testimony.   

• It provides for the right for the victim to confer with the prosecuting attorney. 

• It allows the victim to make a written or oral impact statement at sentencing.

• It provides for restitution.  

• It provides a right to proceedings without unreasonable delay. 

• It makes clear that you can't sue for damages if these rules aren't followed. 

The LTBB code allows a victim or a victim’s representative to assert the rights provided under the code before the court. 

Match-E-Be-Nash-She-Wish Band of Potawatomi Indians 

The Match-E-Be-Nash-She-Wish Band of Potawatomi Indians (Gun Lake Tribe) code does not contain provisions for victims' rights, but that is expected to change soon. In addition, tribal staff members are responsible for helping on-reservation victims. 

Nottawaseppi Huron Band of Potawatomi

The Nottawaseppi Huron Band of Potawatomi (NHBP) has codified rights specific to victims of Domestic Violence and Human Trafficking. Their Juvenile Delinquency Code also provides for specific rights for victims. 

Section 7.4-44 of the NHBP tribal code provides protection for victims of domestic violence. 

• It provides for the right to dignity and privacy throughout the process. 

• It gives the right to be protected from the accused.

• It provides for the right to be notified of court proceedings.

• It provides the right to be present at those proceedings unless the victim intends to testify. 

• It provides for the right to speak with the prosecution.

• It provides for the right to be heard, including the right to provide a written or oral impact statement.  

• It provides for the right to restitution.

• It provides the right to be informed about the accused's conviction, sentencing, imprisonment, and release.

• It provides for the right to be free from unreasonable delay. 

Section 7.3-24 of the NHBP tribal code provides protections for victims of juvenile offenders. As juvenile cases are civil and differ substantially, the rights recognized vary accordingly.

• It provides for the right to dignity and privacy throughout the process.

• It provides the right to be notified of court proceedings or diversion processes.

• It provides the right to provide input on the restorative or corrective process and meet with the juvenile during the dispositional hearing. 

• It provides for the right to restitution or other reparations. 

• It provides for the right to be informed about the release or escape of the accused.

Section 8.23-1 of the NHBP tribal code provides protections for victims of Human Trafficking, which includes victims of both labor and sex trafficking.

• It provides the right to appropriate shelter, medical care, mental health care, food, and other assistance. 

• It provides for the right to be protected from the accused.

• It provides for the right not to be penalized or jailed due to having been trafficked and allows for the use of victimhood as an affirmative defense. 

• It provides for the right to be notified of court proceedings.

• It provides for the right to expungement. 

• It created a private right of action to seek damages and attorneys’ fees against the perpetrator. 

Pokagon Band of Potawatomi 

The Pokagon Band of Potawatomi (Pokagon Band) tribal code does not contain provisions for victims' rights, but that is expected to change soon. In addition, tribal staff members are responsible for helping on-reservation victims. 

Saginaw Chippewa Indian Tribe of Michigan

Enacted in 2017, the Saginaw Chippewa Indian Tribe of Michigan has protections for victims under their Domestic Abuse Protection Code, located in Chapter 1.24 of Title I (Criminal Procedure). First, law enforcement officers responding to Domestic Violence situations must take all reasonable steps to protect victims, including any children who are present. They must notify victims of their rights and available services, provide transportation to a shelter or medical attention if needed, and notify appropriate service agencies. The prosecuting attorney also has obligations to protect the victim and family and provide notice of court hearings. The victim also has the right to address the court. The victim has the right to restitution.

Sault Ste Marie Tribe of Chippewa Indians

Chapter 75 of the Sault Ste Marie Tribe of Chippewa Indians (SSM) Code contains provisions on Crime Victims Rights.  A “victim” is defined as “an individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a crime.” Their definition of victim includes family members of deceased victims, parents of those under 18 years of age, or those who are mentally incapacitated. 

The SSM code provides protections for victims:

• It provides for the protection of the victim from the defendant (different waiting rooms, revoke bond if harassed) and protection of their privacy during trial.  

• It ensures that the police and the Crime Victim’s Advocate keep victims updated at all stages of the case. This includes the investigation, pretrial release, arraignment, trial, sentencing, appeal, and final disposition. 

• It ensures victims can attend all trials unless they're witnesses in the case. 

• It allows the victim to speak with the prosecuting attorney before jury selection and enables the victim to make a written or oral impact statement during sentencing.

• It ensures that the victim receives restitution and the return of their property. 

• It mandates that the tribe know about the case proceedings and its outcome. 

• It insists on speedy trials. 

• It clearly states that they do not allow private lawsuits seeking damages for non-compliance with these codes. 

• It provides for notice of escape or release of the perpetrator.

Victims' Rights in Federal Courts

Federal crime victims are granted comprehensive rights to ensure their protection, participation, and dignity throughout the criminal justice process. These rights include:

• The right of reasonable protection from the accused.

• The right to timely notice of public court proceedings related to the offense.

• The right not to be excluded from such proceedings.

• The right to be heard at any public proceeding involving release, plea, sentencing, or parole hearing.

• The right to reasonable, accurate, and timely notice of any public court proceeding or parole proceeding involving the crime or any release or escape of the accused. 

• The right to full and timely restitution as provided in law.

• The right to proceedings free from unreasonable delay. 

• The right to fair treatment, with respect for the victim's dignity and privacy.

These rights are part of federal law to ensure victims play a significant role in criminal justice. This reflects a broader commitment to treating victims with kindness and respect while considering the accused's procedural rights. For more information on crime victims’ rights in the federal court system, please see https://www.ussc.gov/sites/default/files/pdf/training/primers/2023_Primer_Crime_Victims.pdf. 

Rights of Crime Victims in the State Courts

Michigan crime victims have a robust set of rights to ensure their safety, dignity, and participation in the criminal justice process. These rights, found in the state’s Constitution and state law, include:

• The right to be treated with empathy and respect for their privacy.

• The right to be told about court events and any changes on time. 

• The right to apply for restitution.

• The right to talk with the prosecution.

• The right to speak up when the judge is deciding the punishment. 

• The right to be kept safe from the person being accused during the court case.

• The right to know about the person's guilt, punishment, time in jail, and when they get out. 

• The right to be a part of meetings about letting someone out of jail early.

These rules are very important in Michigan. They show how much the state wants to take care of people who have been hurt and make sure the court system is fair. For more information on victims’ rights in the Michigan Courts, please see https://www.legislature.mi.gov/Publications/Crime%20Victims.pdf.  

Tribal Crime Victims, Sexual and Domestic Violence Survivor Services

Bay Mills Indian Community Journey To Healing Program

(906) 248-3204

https://baymillstribalcourt.org/victim-services-division/

Grand Traverse Band of Ottawa and Chippewa Indians Tribal Victim Assistance Program 

(231) 534-7525

https://www.gtbindians.org/DVSA.asp

Hannahville Victim Services

(906) 723-2668

https://hannahville.net/victim-services-policy-page/

Keweenaw Bay Indian Community OVW Program

(906) 353-4596

http://www.ojibwa.com/index.php/departments/niimigimiwang

Lac Vieux Desert Tribal Program

(906) 358-4940

https://lvd-nsn.gov/Content/Social-Services.cfm

Little River Band of Ottawa Indians Victim Services Program

 (231) 398-6719

https://www.victimservicesprogram.org/

Little Traverse Bay Bands of Odawa Indians Survivor Outreach Services Program 

(231) 242-1628

https://ltbbodawa-nsn.gov/departments/human-services/survivor-outreach-services/

Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians (Gun Lake) Domestic Violence Program

(269) 397-1760

https://gunlaketribe-nsn.gov/departments/health-human-services/domestic-violence-services/

Nottawaseppi Huron Band of Potawatomi Indians Domestic Violence Victim Advocate 

(269) 704-8396

https://nhbp-nsn.gov/tribal-court/

Pokagon Band of Potawatomi Victim Services Manager

(269) 462-4324

https://www.pokagonband-nsn.gov/domestic-violence

Saginaw Chippewa Tribe of Michigan’s Victims of Crime Program

(989) 775-4814

http://www.sagchip.org/VictimsOfCrime/Index.aspx#.Xo8tTMhKg2w

Sault Ste. Marie Tribe of Chippewa Indians Advocacy Resource Center

(906) 632-1808

https://www.arcsaulttribe.com/  

Eastern and Western Federal District Court Crime Victim Services 

For the Eastern District

Alexandra Wyatt

Victim-Witness Coordinator

U.S. Attorney's Office

211 W. Fort Street

Suite 2001

Detroit, MI 48226

Alexandra.Wyatt@usdoj.gov

Telephone: (313) 226-9100

For the Western District

United States Attorney’s Office

Western District of Michigan

Victim/Witness Assistance

P.O. Box 208

Grand Rapids, MI 49501-0208

Phone: (616) 808-2034

Fax: (616) 456-2408

United States Attorney's Office

Western District of Michigan

Victim Assistance

Huntington Bank, 2nd Floor

1930 US 41 West

Marquette, MI 49855

906-226-1422

State Courts Crime Victim Services

  The Prosecuting Attorneys Association of Michigan maintains a contact list of all the county-based crime victim advocates at https://michiganprosecutor.org/training-units/victim-rights/victim-advocate-directory/

For crimes investigated by the Michigan State Police, their Victim Services can be found at https://www.michigan.gov/msp/divisions/grantscommunityservices/victim-services-program.

Help with Costs for Victims in Tribal, State, and Federal Court Cases  

If you have been physically, emotionally, psychologically, or mentally injured directly because of a crime, you could qualify. These services also apply to sexual assault victims and people who get hurt trying to help a crime victim. If you have had to pay for things because of your injuries, you might be able to get help. If you live in Michigan but got hurt in a different state that doesn't help non-residents, you might still be able to get help. To get this help in Michigan, the crime must break Michigan law, U.S. law, or the law of a tribe in Michigan. MCL 18.351. The following are some examples of these crimes: murder, robbery, assault, carjacking, hate crimes, kidnapping, child abuse, domestic violence, sexual assault, and human trafficking. It doesn't matter which court handles your case. You must report the crime to the police.  

The Crime Victim Compensation Program can help pay for these things:

 1. Reasonable and necessary medical, dental, optical, counseling, and non-medical remedial treatment expenses.

2. Loss of earnings due to recovering from injuries, seeking medical or mental health care due to the crime or taking care of someone who was a victim of crime.

3. Relocation, residential security, bereavement, and more!

Please note the Fund does not cover damage to personal property, expenses covered by other sources, or financial crimes. 

Your application's required documents will depend on the benefit type(s) you're seeking. Generally, you must provide your Social Security number (if applicable) and date of birth. If you have it, please also submit a copy of the police report. For more information on Crime Victim Compensation and to get a copy of the application, please see https://www.michigan.gov/crimevictim. If you have any questions about the Crime Victim Compensation program or the application process, feel free to call the victim-only toll-free helpline at 877-251-7373 or email MDHHS-MichiganCrimeVictim@Michigan.gov.

Free Legal Assistance

There are groups that can help you get a lawyer if you are a victim of a crime. Each group has different rules about how much money you can make, what kind of cases they take, and where they work. 

● Sometimes, the tribes have money to get a lawyer for people who are victims of Domestic Violence or other crimes. You can ask the Victim Helper or Domestic Violence Helper at the tribe if there is a lawyer available for you.

● Regional legal aid offices - Lakeshore Legal Aid, Legal Aid of Western Michigan, Legal Services of Eastern Michigan, Legal Services of Northern Michigan, & Legal Services of South Central Michigan. Call 888-783-8190 for the southern half of the state. Visit https://lsnm.org/ to find the correct office to call for the northern half of the state.

● Michigan Legal Help  

https://michiganlegalhelp.org/

● Michigan Indian Legal Services 

https://www.mils3.org 

231-947-0122

● Crime Victim Legal Assistance Project 

https://cvlap.org/our-work

tribalsurvivorhelp@lsscm.org

● Michigan Coalition to End Domestic and Sexual Violence

https://mcedsv.org/survivor-law/ 

(517) 347-7000

● EVE (Lansing area) 

https://www.eveinc.org/ 

517-372-5572

● Legal Aid and Defender (Detroit area) 

https://ladadetroit.org/ 

877-964-4700

Other Assistance

• StrongHearts Native Helpline: 1-844-762-8483 (call or text); strongheartshelpline.org (live chat) 

• National Domestic Violence Hotline: 1-800-799-SAFE (7233)

• National Teen Dating Violence Hotline: 1-866-331-9474

• Crime Victim Services Commission has additional resources: 877-251-7373

• MDHHS Division of Victim Services also lists additional resources by County: https://www.michigan.gov/mdhhs/safety-injury-prev/publicsafety/crimevictims/find-services-in-your-area