JUSTICE AND THE AMERICAN INDIAN, V 4 - EXAMINATION OF THE BASIS OF TRIBAL LAW AND ORDER AUTHORITY

• NCJ Number: 13372
• Author(s): J WHITE
• Date Published: 1974
• Length: 93 pages
• Grant Number(s): 72-DF-10-0014
• Sponsoring Agency: US Dept of Justice
• Corporate Author: National American Indian Court Judges Assoc
• Sale Source: National Technical Information Service
• Language: English
• Country: United States of America

Annotation

AN ANALYSIS OF LEGISLATIVE, JUDICIAL AND ADMINISTRATIVE DECISIONS AFFECTING THE POWER, RIGHT AND AUTHORITY TO DEFINE CRIME AND PROSECUTE AND PUNISH VIOLATORS.

Abstract

THE PURPOSE OF THIS STUDY WAS TO IDENTIFY THE LIMITS OF TRIBAL LAW AND ORDER AUTHORITY SO THAT ITS FULL POTENTIAL COULD BE RECOGNIZED BY INDIANS AND NON-INDIANS ALIKE. IT CONCLUDES THAT MANY TRIBAL GOVERNMENTS ARE UNCERTAIN ABOUT THE SCOPE OF THEIR JURISDICTION AND AS A RESULT, MUCH LEGITIMATE POWER REMAINS UNEXERCISED. A PRIMARY PURPOSE OF THE REPORT IS TO OUTLINE SOME OF THE PROBLEMS CAUSED BY THE JURISDICTIONAL CHAOS WHICH EXISTS IN INDIAN COMMUNITIES. ACCORDINGLY, IT EXAMINES WHO IS AN 'INDIAN' AND WHAT IS 'INDIAN COUNTRY', THE CONCEPTS OF SOVEREIGNTY AND JURISDICTION, CITIES, TOWNSITES AND CROSS-DEPUTIZATION, FRESH PURSUIT, AND THE THEORY OF IMPLIED CONSENT. THE CONCLUSION SUMMARIZES THE CONFUSING ALLOCATION OF JURISDICTION AMONG THREE GOVERNMENTS, FEDERAL, STATE AND TRIBAL - AND ITS LOGICAL RESULT - LAW ENFORCEMENT BY AS MANY AS SIX AGENCIES. THE REPORT REVIEWS ILL-FATED SOLUTIONS THAT HAVE BEEN PREVIOUSLY ADOPTED, AS WELL AS PROPOSALS FOR LEGISLATIVE REFORM IN THE AREA. FOR MORE VOLUMES IN THIS SERIES, SEE NCJ-1336971 AND 13373.