Tribal Criminal Law and Procedure

Tribal Criminal Law and Procedure
Author: Carrie E. Garrow
Publisher: Rowman & Littlefield
Total Pages: 651
Release: 2015-05-06
Genre: Law
ISBN: 1442232307

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).

Criminal Justice in Native America

Criminal Justice in Native America
Author: Marianne O. Nielsen
Publisher: University of Arizona Press
Total Pages: 260
Release: 2009-04-09
Genre: Social Science
ISBN: 9780816526536

Native Americans are disproportionately represented as offenders in the U.S. criminal justice system. However, until recently there was little investigation into the reasons. 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. 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.

Justice in Indian Country

Justice in Indian Country
Author: Sari Horwitz
Publisher: Diversion Books
Total Pages: 127
Release: 2015-04-14
Genre: Political Science
ISBN: 1626817944

This eye-opening report is the product of a year-long investigation into how the legal system in Indian country fails some of America's most vulnerable citizens—and what is being done to begin to rectify an ongoing tragedy. Sari Horwitz, recipient of the ASNE Award for Distinguished Writing on Diversity, traveled to an Indian reservation in Minnesota to interview a Native American woman who had been sexually assaulted, as had her mother and daughter. In each case, the assailants, who were not Native American, were not prosecuted due to loopholes in the laws on jurisdiction of criminal prosecution on Indian reservations. This story set her off on a journey across the country, into remote villages and tribal lands where Horwitz uncovered the widespread failures of the American legal system and its inability to protect Native American women and children. This powerful call-to-action gives a view that is charged and insightful, exploring the deeply human consequences of a bureaucracy that has often done more harm than good. As President Obama's administration sets out to close the loopholes and bring justice to survivors, Horwitz speaks to the people these new laws will impact, describes their hopes for the future and gives voice to those who have been silent for too long.

Yellow Bird

Yellow Bird
Author: Sierra Crane Murdoch
Publisher: Random House Trade Paperbacks
Total Pages: 402
Release: 2021-02-16
Genre: True Crime
ISBN: 0399589171

PULITZER PRIZE FINALIST • The gripping true story of a murder on an Indian reservation, and the unforgettable Arikara woman who becomes obsessed with solving it—an urgent work of literary journalism. “I don’t know a more complicated, original protagonist in literature than Lissa Yellow Bird, or a more dogged reporter in American journalism than Sierra Crane Murdoch.”—William Finnegan, Pulitzer Prize–winning author of Barbarian Days In development as a Paramount+ original series WINNER OF THE OREGON BOOK AWARD • NOMINATED FOR THE EDGAR® AWARD • NAMED ONE OF THE BEST BOOKS OF THE YEAR BY The New York Times Book Review • NPR • Publishers Weekly When Lissa Yellow Bird was released from prison in 2009, she found her home, the Fort Berthold Indian Reservation in North Dakota, transformed by the Bakken oil boom. In her absence, the landscape had been altered beyond recognition, her tribal government swayed by corporate interests, and her community burdened by a surge in violence and addiction. Three years later, when Lissa learned that a young white oil worker, Kristopher “KC” Clarke, had disappeared from his reservation worksite, she became particularly concerned. No one knew where Clarke had gone, and few people were actively looking for him. Yellow Bird traces Lissa’s steps as she obsessively hunts for clues to Clarke’s disappearance. She navigates two worlds—that of her own tribe, changed by its newfound wealth, and that of the non-Native oilmen, down on their luck, who have come to find work on the heels of the economic recession. Her pursuit of Clarke is also a pursuit of redemption, as Lissa atones for her own crimes and reckons with generations of trauma. Yellow Bird is an exquisitely written, masterfully reported story about a search for justice and a remarkable portrait of a complex woman who is smart, funny, eloquent, compassionate, and—when it serves her cause—manipulative. Drawing on eight years of immersive investigation, Sierra Crane Murdoch has produced a profound examination of the legacy of systematic violence inflicted on a tribal nation and a tale of extraordinary healing.

Captured Justice

Captured Justice
Author: Duane Champagne
Publisher:
Total Pages: 0
Release: 2012
Genre: Criminal jurisdiction
ISBN: 9781611630435

The policy of forced assimilation, called "termination," that Congress pressed upon Native Americans in the 1950s brought state criminal jurisdiction to more than half of all Indian reservations for the first time in American history. The law that accomplished most of this shift from a combination of tribal and federal control to state control is widely known as Public Law 280. Tribes did not consent to the new and alien forms of criminal justice, and the federal government provided no funding to state or local governments to ease the new burdens thrust upon them. Present-day concerns about community safety in Indian country raise questions about the appropriate strategy for achieving that end. Is expanded state criminal jurisdiction an appropriate response, or should that option be off the table? Does the experience with Public Law 280 suggest conditions under which state jurisdiction is more or less successful? Captured Justice is the first systematic investigation of the success or failure of the Public Law 280 program substituting state for tribal and federal criminal justice in Indian country. The authors first identify a set of six conditions that are necessary for criminal justice to succeed in Indian country. They then present the results of hundreds of interviews and surveys at sixteen reservations across the United States, tapping reservation residents, tribal officials and staff, and state and federal law enforcement officers and criminal justice personnel, to find out how the state jurisdiction regime is faring and to compare experiences on Public Law 280 reservations with those on non-Public Law 280 reservations. Before-and-after case studies of tribes that were able to remove state jurisdiction from their reservations complete the book. Captured Justice is both an important assessment of an historic federal Indian policy that remains with us today, and a guide to future criminal justice policy for Indian country. "The authors carefully and clearly explain the interaction of a complex overlay of cultures and legal systems. They also clearly explain their methodologies and interview individuals about their experiences in the legal system. This book would be appropriate for anyone interested in American Indian law, or those interested in related topics such as contemporary Native American studies or sociology." -- Book News Inc. (October 2012)

The Handbook of Race, Ethnicity, Crime, and Justice

The Handbook of Race, Ethnicity, Crime, and Justice
Author: Ramiro Martinez, Jr.
Publisher: John Wiley & Sons
Total Pages: 582
Release: 2018-09-12
Genre: Social Science
ISBN: 1119114012

This Handbook presents current and future studies on the changing dynamics of the role of immigrants and the impact of immigration, across the United States and industrialized and developing nations. It covers the changing dynamics of race, ethnicity, and immigration, and discusses how it all contributes to variations in crime, policing, and the overall justice system. Through acknowledging that some groups, especially people of color, are disproportionately influenced more than others in the case of criminal justice reactions, the “War on Drugs”, and hate crimes; this Handbook introduces the importance of studying race and crime so as to better understand it. It does so by recommending that researchers concentrate on ethnic diversity in a national and international context in order to broaden their demographic and expand their understanding of how to attain global change. Featuring contributions from top experts in the field, The Handbook of Race and Crime is presented in five sections—An Overview of Race, Ethnicity, Crime, and Justice; Theoretical Perspectives on Race and Crime; Race, Gender, and the Justice System; Gender and Crime; and Race, Gender and Comparative Criminology. Each section of the book addresses a key area of research, summarizes findings or shortcomings whenever possible, and provides new results relevant to race/crime and justice. Every contribution is written by a top expert in the field and based on the latest research. With a sharp focus on contemporary race, ethnicity, crime, and justice studies, The Handbook of Race and Crime is the ideal reference for advanced undergraduate students, graduate students, and scholars interested in the disciplines such as Criminology, Race and Ethnicity, Race and the Justice System, and the Sociology of Race.

American Indian Tribal Law

American Indian Tribal Law
Author: Matthew L.M. Fletcher
Publisher: Aspen Publishing
Total Pages: 1188
Release: 2020-02-02
Genre: Law
ISBN: 1543817432

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