Tribal Criminal Law and Procedure

By (author) Carrie E. Garrow, Sarah Deer

Publication date:

22 October 2004

Length of book:

454 pages

Publisher

AltaMira Press

ISBN-13: 9780759107182

Tribal Criminal Law and Procedure is the second in a unique series of comprehensive studies of tribal law in the United States. 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. Tribal Criminal Law and Procedure will be an invaluable resource for legal scholars and students.

Published in cooperation with the Tribal Law and Policy Institute, visit their web page; Turtle Mountain Community College; and the Native Nations Law and Policy Center, University of California, Los Angeles.

Introduction
Preface: Tribal Legal Studies Textbook Series Introduction
Notes on Terminology
Acknowledgments
Credits
PART I. Criminal Law in Anglo-American and Native Societies
Chapter 1. Introduction to Criminal Law Concepts
Chapter 2. Comparing Traditional Criminal Law to Anglo-American Criminal Law
Chapter 3. Using Western Criminal Law to Control Native American Nations
Chapter 4: Traditional Law Today
PART II. Criminal Jurisdiction in Indian Country
Chapter 5. Introduction—What is Criminal Jurisdiction?
Chapter 6. Traditional Criminal Jurisdiction in Indian Country
Chapter 7. Limitations on Tribal Criminal Jurisdiction Imposed by the United States
Chapter 8. Efforts by Tribal Nations to Address Jurisdictional Gaps
Chapter 9. Criminal Jurisdiction as Defined by Tribal Courts
Part III. Criminal Law: Elements of a Crime and Defenses
Chapter 10. Introduction to Elements and Acts
Chapter 11. The Mental State
Chapter 12. A Closer Look at Criminal Elements
Chapter 13. Is Helping a Criminal Act? Preliminary Crimes and Accomplice Liability
Chapter 14. Criminal Defenses
Chapter 24 Chapter 15. The Burden of Proof
Part IV. Criminal Procedure
Chapter 16. Rights of Criminal Defendants and Crime Victims
Chapter 17. The Law of Arrest
Chapter 18. Interrogations and Confessions: The Right to Remain Silent
Chapter 19: Search and Seizure
Chapter 20: The Exclusionary Rule: Remedies for Civil Rights Violations
Chapter 21. The Right to an Attorney/Advocate
Chapter 22: Defendant Rights at Trial
Chapter 23: Victims' Rights in Criminal Procedure
Part V. Sanctions and Sentencing
Chapter 24: Sentencing: Fines and Incarceration
Glossary
Chapter 25: Alternative Sentences and Traditional Sanctions
Index
About the Authors

This text will be what students call a keeper, one that goes in the personal library after the course is over. Carrie E. Garrow and Sarah Deer have done for tribal criminal justice what Vine Deloria, Jr. did for tribal religion in God is Red. They have generalized a subject that is nearly impossible to generalize. They draw straight lines from tribal custom to common law as justice-defining institutions.