Tribal Criminal Law and Procedure

This book examines the complex subject of tribal criminal law and procedure from a tribal perspective utilizing tribal statutory law, tribal case law, and the cultural values of Native peoples. Garrow and Deer discuss in depth the histories, structures and practices of tribal justice systems, comparisons of traditional tribal justice with Anglo-American law and jurisdictions, elements of criminal law and procedure, and alternative sentencing and traditional sanctions. Published in cooperation with the Tribal Law and Policy Institute, Tribal Criminal Law and Procedure will be an invaluable resource for legal scholars and students.

Foreword/Preface Notes on Law 1: Introduction to American Criminal Law Concepts 2: Comparing Tribal Criminal Law and American Criminal Law 3: Using American Criminal Law to Control American Indian Nations 4: Traditional Law Today 5: Introduction-What Is Criminal Jurisdiction? 6: Traditional Criminal Jurisdiction 7: Limitations on Tribal Criminal Jurisdiction Imposed by the United States 8: Exercising Jurisdiction over Crimes Committed by Non-Indians 9: Criminal Jurisdiction as Defined by Tribal Courts 10: Federal Legislative Efforts to Support Tribal Criminal Jurisdiction 11: State and Tribal Court Collaboration 12: Overview of Criminal Laws-Statutes and Procedures 13: The Mental State 14: A Closer Look at Criminal Elements 15: Is Helping a Criminal Act? Preliminary Crimes and Accomplice Liability 16: Criminal Defenses 17: The Burden of Proof 18: Rights of Criminal Defendants and Crime Victims 19: The Law of Arrest 20: Interrogations and Confessions: The Right to Remain Silent 21: Search and Seizure 22: The Exclusionary Rule: Remedies for Civil Rights Violations 23: The Right to an Attorney/Advocate 24: Defendant Rights at Trial 25: Victims' Rights 26: Sentencing: Fines and Incarceration 27: Tribal Restorative Justice Glossary Index About the Authors