NCJ Number
100936
Date Published
1983
Length
271 pages
Annotation
This text provides a historical and cultural analysis of Indian justice customs, values, and institutions as they relate to Federal, State, and tribal courts.
Abstract
After a review of Indian history from 1532 to the present, the foundations of Federal responsibility and power over Indian affairs are delineated. The evolution of tribal governments through their traditional, transitional, and present-day forms is traced. The development of Indian tribal courts is then considered with reference to non-Indian judicial systems. The roles of attorneys, advocates, and legal interest groups in the Indian system of law are described. The Indian system of criminal justice is examined with particular attention to issues of jurisdiction, criminal prosecution, and special problems in law enforcement. The civil justice system is examined as it relates to traditional civil law, and immunity from State encroachment and the Indian-State conflict of laws are reviewed. Finally, a discussion of public policy and the legal rights of Indians considers Indian civil liberties, religious freedom, and the right to basic governmental services. Indexes of cases and topics and 36 references.