Criminal Convictions in U.S. Tribal Law

Criminal Convictions in U.S. Tribal Law PDF

Author: Andrew Novak

Publisher:

Published: 2025

Total Pages: 0

ISBN-13: 9781032558479

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"This book is the first comparative law study of collateral consequences of criminal conviction in all federally recognized Indian tribes in the lower 48 U.S. states, and the mechanisms for restoring civil rights in tribal law. Surveying the constitutions, codes, and ordinances of tribal jurisdictions reveals a broad range of consequences - the impact of which has not been comprehensively, and critically, examined. Like state and federal jurisdictions, tribal law attaches thousands of legal disabilities to tribal offices, business licenses and permits, social services, and civil rights for persons with criminal convictions. This is especially true in economically important industries such as gaming and resource extraction; additionally, rapidly changing areas such as marijuana regulation and sex offender registries expand the scope still further. This book catalogues restoration of rights procedures in tribal law, to include pardons, expungements, and record sealing. Collateral consequences have proliferated in tribal law because of the limitations of tribal criminal jurisdiction, including over non-tribal members. However, tribal collateral consequences risk contributing to overcriminalization and social exclusion for persons with previous criminal convictions, especially as Native Americans are already disproportionately impacted by the U.S. criminal justice system. This book will appeal to legal academics, scholars and practitioners working in tribal criminal law, as well as to others with interests in Indigenous legal issues"--

Tribal Criminal Law and Procedure

Tribal Criminal Law and Procedure PDF

Author: Carrie E. Garrow

Publisher: Rowman & Littlefield

Published: 2015-05-06

Total Pages: 651

ISBN-13: 1442232307

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Tribal Criminal Law and Procedure examines complex Indian nations’ tribal justice systems, analyzing tribal statutory law, tribal case law, and the cultural values of Native peoples. Using tribal court opinions and tribal codes, it reveals how tribal governments use a combination of oral and written law to dispense justice and strengthen their nations and people. Carrie E. Garrow and Sarah Deer discuss the histories, structures, and practices of tribal justice systems, comparisons of traditional tribal justice with American law and jurisdictions, elements of criminal law and procedure, and alternative sentencing and traditional sanctions. New features of the second edition include new chapters on: · The Tribal Law and Order Act's Enhanced Sentencing Provisions · The Violence Against Women Act's Special Domestic Violence Criminal Jurisdiction · Tribal-State Collaboration Tribal Criminal Law and Procedure is an invaluable resource for legal scholars and students. The book is published in cooperation with the Tribal Law and Policy Institute (visit them at www.tlpi.org).

Crow Dog's Case

Crow Dog's Case PDF

Author: Sidney L. Harring

Publisher: Cambridge University Press

Published: 1994-02-25

Total Pages: 322

ISBN-13: 9780521467155

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The first social history of American Indians' role in the making of American law sheds new light on Native American struggles for sovereignty and justice during the "century of dishonor," a time when their lands were lost and their tribes reduced to reservations.

Criminal Justice in Native America

Criminal Justice in Native America PDF

Author: Marianne O. Nielsen

Publisher: University of Arizona Press

Published: 2009-04-09

Total Pages: 257

ISBN-13: 081654364X

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Native Americans are disproportionately represented as offenders in the U.S. criminal justice system, particularly in the southwestern and north-central regions. However, until recently there was little investigation into the reasons for their over-representation. Furthermore, there has been little acknowledgment of the positive contributions of Native Americans to the criminal justice system—in rehabilitating offenders, aiding victims, and supporting service providers. This book offers a valuable and contemporary overview of how the American criminal justice system impacts Native Americans on both sides of the law. Each of the fourteen chapters of Criminal Justice in Native America was commissioned specifically for this volume. Contributors—many of whom are Native Americans—rank among the top scholars in their fields. Some of the chapters treat broad subjects, including crime, police, courts, victimization, corrections, and jurisdiction. Others delve into more specific topics, including hate crimes against Native Americans, state-corporate crimes against Native Americans, tribal peacemaking, and cultural stresses of police officers. Separate chapters are devoted to women and juveniles. The well-known scholar Marianne Nielsen provides a context-setting introduction, in which she addresses the history of the legal treatment of Native Americans in the United States as well as a provocative conclusion that details important issues for current and future research in Native American criminal justice studies. Intended to introduce students to the substantive concerns of a range of disciplines that contribute to Native American Studies—among them, criminal justice and criminology, law, sociology, and anthropology—Criminal Justice in Native America will interest all readers who are concerned about relationships between Native peoples and prevailing criminal justice systems.

Introduction to Tribal Legal Studies

Introduction to Tribal Legal Studies PDF

Author: Justin B. Richland

Publisher: Rowman & Littlefield

Published: 2015-12-17

Total Pages: 537

ISBN-13: 1442232269

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In clear and straightforward language, Justin B. Richland and Sarah Deer discuss the history and structure of tribal justice systems; the scope of criminal and civil jurisdictions; and the various means by which the integrity of tribal courts is maintained. This book is an indispensable resource for students, tribal leaders, and tribal communities interested in the complicated relationship between tribal, federal, and state law.

Introduction to Tribal Legal Studies

Introduction to Tribal Legal Studies PDF

Author: Justin Blake Richland

Publisher: Rowman & Littlefield

Published: 2010

Total Pages: 486

ISBN-13: 9780759112117

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This book is the only available comprehensive introduction to tribal law. It is an indispensable resource for students, tribal leaders, and professionals interested in the complicated relationship between tribal, federal, and state law.

American Indian Tribal Law

American Indian Tribal Law PDF

Author: Matthew L.M. Fletcher

Publisher: Aspen Publishing

Published: 2020-02-02

Total Pages: 1188

ISBN-13: 1543817432

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Nearly every American Indian tribe has its own laws and courts. Taken together, these courts decide thousands of cases. Many span the full panoply of law—from criminal, civil, and probate cases, to divorce and environmental disputes. American Indian Tribal Law, now in its Second Edition, surveys the full spectrum of tribal justice systems. With cases, notes, and historical context, this text is ideal for courses on American Indian Law or Tribal Governments—and an essential orientation to legal practice within tribal jurisdictions. New to the Second Edition: A new chapter on professional responsibility and the regulation of lawyers in tribal jurisdictions Enhanced materials on Indian child welfare Additional materials on tribal laws that incorporate Indigenous language and culture Additional examples from tribal justice systems and practice Recent and noteworthy cases from tribal courts Professors and students will benefit from: A broad survey of dispute resolution systems within tribal jurisdictions A review of recent flashpoints in tribal law, such as internal tribal political matters, including intractable citizenship and election disputes enhanced criminal jurisdiction over nonmembers and non-Indians tribal constitutional reform, including a case study on the White Earth Nation Cases and material reflecting a wide range of American Indian tribes and legal issues Excerpts and commentary from a wellspring of current scholarship