Tribal Criminal Law and Procedure

By (author) Sarah Deer, Carrie E. Garrow

Not available to order

Publication date:

30 October 2004

Length of book:

496 pages

Publisher

AltaMira Press

ISBN-13: 9780759115200

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.

Chapter 2 Introduction
Chapter 3 Preface: Tribal Legal Studies Textbook Series Introduction
Chapter 4 Notes on Terminology
Chapter 5 Acknowledgments
Chapter 6 Credits
Chapter 7
Chapter I. Criminal Law in Anglo-American and Native Societies
Chapter 8
Chapter 1. Introduction to Criminal Law Concepts
Chapter 9
Chapter 2. Comparing Traditional Criminal Law to Anglo-American Criminal Law
Chapter 10
Chapter 3. Using Western Criminal Law to Control Native American Nations
Chapter 11
Chapter 4: Traditional Law Today
Chapter 12
Chapter II. Criminal Jurisdiction in Indian Country
Chapter 13
Chapter 5. Introduction?What is Criminal Jurisdiction?
Chapter 14
Chapter 6. Traditional Criminal Jurisdiction in Indian Country
Chapter 15
Chapter 7. Limitations on Tribal Criminal Jurisdiction Imposed by the United States
Chapter 16
Chapter 8. Efforts by Tribal Nations to Address Jurisdictional Gaps
Chapter 17
Chapter 9. Criminal Jurisdiction as Defined by Tribal Courts
Chapter 18
Chapter III. Criminal Law: Elements of a Crime and Defenses
Chapter 19
Chapter 10. Introduction to Elements and Acts
Chapter 20
Chapter 11. The Mental State
Chapter 21
Chapter 12. A Closer Look at Criminal Elements
Chapter 22
Chapter 13. Is Helping a Criminal Act? Preliminary Crimes and Accomplice Liability
Chapter 23
Chapter 14. Criminal Defenses
Chapter 24
Chapter 15. The Burden of Proof
Chapter 25
Chapter IV. Criminal Procedure
Chapter 26
Chapter 16. Rights of Criminal Defendants and Crime Victims
Chapter 27
Chapter 17. The Law of Arrest
Chapter 28
Chapter 18. Interrogations and Confessions: The Right to Remain Silent
Chapter 29
Chapter 19: Search and Seizure
Chapter 30
Chapter 20: The Exclusionary Rule: Remedies for Civil Rights Violations
Chapter 31
Chapter 21. The Right to an Attorney/Advocate
Chapter 32
Chapter 22: Defendant Rights at Trial
Chapter 33
Chapter 23: Victims' Rights in Criminal Procedure
Chapter 34
Chapter V. Sanctions and Sentencing
Chapter 35
Chapter 24: Sentencing: Fines and Incarceration
Chapter 36 Glossary
Chapter 36
Chapter 25: Alternative Sentences and Traditional Sanctions
Chapter 37 Index
Chapter 38 About the Authors

This book is a comprehensive approach to the subject matter. The authors include traditional stories, excerpts from scholarly work, and briefs or transcripts from actual legal cases. These materials will aid students, practitioners, and scholars in the application of native trial law to practical concerns they encounter on a daily basis. The examples are well-chosen, and important terms are clearly defined. End of chapter questions should stimulate debate and deepen the reader's awareness of the materialthat is presented. In short, the book is a major contribution to understanding the contextualization and application of native tribal law...