TRIBAL COURTS, THE MODEL CODE, AND TE POLICE IDEA IN AMERICAN INDIAN POLICY

• NCJ Number: 38174
• Journal: Law and Contemporary Problems Volume: 40 Issue: 1 Dated: (WINTER 1976) Pages: 25-60
• Author(s): R L BARSH; J Y HENDERSON
• Date Published: 1976
• Length: 36 pages
• Corporate Author: Duke University
• Publication Format: Article
• Publication Type: Historical Overview
• Language: English
• Country: United States of America

Annotation

THE POLICY OF THE FEDERAL GOVERNMENT HAS BEEN TO EMPLOY TRIBAL GOVERNMENT TO DEFEAT TRIBALISM BY LODGING CIVIL JURISDICTION IN NON-INDIAN COURTS WHILE REQUIRING INDIANS TO SUPPORT AND MAINTAIN POLICE SYSTEMS AMONG THEMSELVES.

Abstract

A THREE CENTURY ANALYSIS OF THE HISTORICAL CONTEXT OF THE DRAFT 'MODEL CODE FOR THE ADMINISTRATION OF JUSTICE BY COURTS OF INDIAN OFFENSES' AND AN EXAMINATION OF THE MODEL CODE ITSELF SHOWS THAT IT IS NOTHING MORE THAN A REDRAFT OF THE OLD BUREAU OF INDIAN AFFAIRS REGULATIONS HARMONIZED WITH THE INDIAN BILL OF RIGHTS LARGELY THROUGH FOR PRE-ARRAIGNMENT PROCEDURE. NO PROCEDURAL INNOVATIONS ESPECIALLY SUITED TO TRIBAL NEEDS HAVE BEEN SUGGESTED, NO SUBSTANTIVE IMPROVEMENTS IN THE NOTORIOUSLY ANTIQUATED BUREAU PENAL CODE MADE, NOR NECESSARY EXPANSIONS OF TRIBAL CIVIL JURISDICTION PROVIDED. THE REAL SIGNIFICANCE OF THE MODEL CODE IS THAT IN SEEKING TO CURE ALLEGED CONSTITUTIONAL ERRORS IN THE ADMINISTRATION OF JUSTICE IT PERPETUATES ERRORS OF A MORE FUNDAMENTAL NATURE - HISTORICAL ERRORS OF POLICY. (AUTHOR ABSTRACT)