NCJ Number
80552
Date Published
1980
Length
175 pages
Annotation
This discussion of criminal law for American Indian tribal courts addresses the substantive criminal law of jurisdiction, evidence, the warrant process, juvenile justice and the elements of a crime.
Abstract
Federal, tribal, and State criminal jurisdiction in Indian country are discussed, and an analytical approach to determining jurisdiction is described. A chart is presented as a general guide to the different jurisdictions that have the power to try and punish an offender for a crime in Indian country. Recommendations are offered for resolving the confusing overlap of tribal, State, and Federal jurisdiction. The chapter on the law of evidence considers the importance of fact-questions in tribal procedure, the types and forms of evidence, the burden of proof, presumptions and inferences, relevancy and exceptions, and the hearsay rule and exceptions. Also examined are character evidence, privileges, evidence and the right of the accused to remain silent, and weighing the evidence. The discussion of substantive criminal law focuses on the elements of a crime, attempting the commission of a crime, and specific crimes (assault and battery, theft, and driving while intoxicated). Following a chapter on arrest and search warrants, attention is given to a detailed explanation of juvenile justice and the Indian Child Welfare Act. Flow charts delineating the act are included. The concluding chapter is a special note about alcoholism among Indians. Appended are Federal statutes affecting Indians and a glossary of terms. A separate instructor's manual for the presentation of the material is provided.