Details

Tribal Criminal Law and Procedure


Tribal Criminal Law and Procedure


Tribal Legal Studies 2. Second Edition

von: Carrie E. Garrow, Sarah Deer

72,99 €

Verlag: Rowman & Littlefield Publishers
Format: EPUB
Veröffentl.: 06.05.2015
ISBN/EAN: 9781442232303
Sprache: englisch
Anzahl Seiten: 536

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Beschreibungen

<span><span>Tribal Criminal Law and Procedure</span><span> 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. <br><br>New features of the second edition include new chapters on:<br>· The Tribal Law and Order Act's Enhanced Sentencing Provisions<br>· The Violence Against Women Act's Special Domestic Violence Criminal Jurisdiction<br>· Tribal-State Collaboration<br><br></span><span>Tribal Criminal Law and Procedure</span><span> is an invaluable resource for legal scholars and students. The book is published in cooperation with the Tribal Law and Policy Institute (</span><span>visit them at </span><span><a href="http://www.tlpi.org"><span>www.tlpi.org</span></a></span><span>)</span><span>.<br></span></span>
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<span><span>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, </span><span>Tribal Criminal Law and Procedure</span><span> will be an invaluable resource for legal scholars and students. </span></span>
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<span><span>1: Introduction to American Criminal Law Concepts<br>2: Comparing Tribal Criminal Law and American Criminal Law<br>3: Using American Criminal Law to Control American Indian Nations<br>4: Traditional Law Today<br>5: Introduction—What Is Criminal Jurisdiction?<br>6: Traditional Criminal Jurisdiction<br>7: Limitations on Tribal Criminal Jurisdiction Imposed by the United States<br>8: Exercising Jurisdiction over Crimes Committed by Non-Indians<br>9: Criminal Jurisdiction as Defined by Tribal Courts<br>10: Federal Legislative Efforts to Support Tribal Criminal Jurisdiction<br>11: State and Tribal Court Collaboration<br>12: Overview of Criminal Laws—Statutes and Procedures<br>13: The Mental State<br>14: A Closer Look at Criminal Elements<br>15: Is Helping a Criminal Act? Preliminary Crimes and Accomplice Liability<br>16: Criminal Defenses<br>17: The Burden of Proof<br>18: Rights of Criminal Defendants and Crime Victims<br>19: The Law of Arrest<br>20: Interrogations and Confessions: The Right to Remain Silent<br>21: Search and Seizure<br>22: The Exclusionary Rule: Remedies for Civil Rights Violations<br>23: The Right to an Attorney/Advocate<br>24: Defendant Rights at Trial<br>25: Victims’ Rights<br>26: Sentencing: Fines and Incarceration<br>27: Tribal Restorative Justice <br><br></span></span>
<span><span>Carrie E. Garrow</span><span> is a member of the St. Regis Mohawk Tribe. She is a visiting assistant professor at Syracuse University College of Law and the Chief Appellate Judge for the St. Regis Mohawk Tribal Court. She also is a judicial consultant and currently works for Tribal Law and Policy Institute. </span><span>Sarah Deer</span><span> is a citizen of the Muscogee (Creek) Nation of Oklahoma. She is a professor of law at the William Mitchell College of Law. She is a 2014 recipient of the MacArthur Foundation's Genius Grant. <br><br><br></span></span>
<span><span>• Author Sarah Deer named a MacArthur award-winner (2014)</span></span>