NCJ Number
213171
Date Published
March 2000
Length
16 pages
Annotation
This paper examines the role of Indian tribal courts and Courts of Indian Offenses in resolving disputes between individuals that emerge on Indian reservations in the United States.
Abstract
Beginning with the history of the tribal justice system, the author explores the authority of tribal courts and examines jurisdictional issues that arise among tribal, State, and Federal courts. Tribal courts are relatively new courts, originally formed as an attempt to assimilate Native people into the predominant Anglo legal system. Although many tribal courts mirror the State and Federal court systems in terms of rules and procedures, other tribal courts have attempted to bring back traditional dispute resolution techniques by integrating these traditional methods into current tribal court models. Also discussed in this paper is the role of Federal law in shaping the authority of tribal courts, particularly in terms of the prosecution of crimes, the procedures observed in tribal courts, and full faith and credit issues. The types of disputes that tribal courts may resolve are explored, as are the types of procedures observed in tribal courts for both criminal and civil hearings. The rights of adult and child victims and defendants in tribal courts are examined and the relationship between tribal courts and law enforcement is explored in terms of how victims of crimes are protected in Indian Country. The author argues that tribal courts are integral to ensuring the harmony and safety of individuals living in tribal communities and, as such, should be respected by State and Federal courts. Moreover, tribal courts are able to accomplish their goals using only a fraction of the funding consumed by State and Federal courts. Footnotes