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Tribal Criminal Law and Procedure


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Table of Contents

1: Introduction to American Criminal Law Concepts 2: Comparing Tribal Criminal Law and American Criminal Law 3: Using American Criminal Law to Control American Indian Nations 4: Traditional Law Today 5: Introduction-What Is Criminal Jurisdiction? 6: Traditional Criminal Jurisdiction 7: Limitations on Tribal Criminal Jurisdiction Imposed by the United States 8: Exercising Jurisdiction over Crimes Committed by Non-Indians 9: Criminal Jurisdiction as Defined by Tribal Courts 10: Federal Legislative Efforts to Support Tribal Criminal Jurisdiction 11: State and Tribal Court Collaboration 12: Overview of Criminal Laws-Statutes and Procedures 13: The Mental State 14: A Closer Look at Criminal Elements 15: Is Helping a Criminal Act? Preliminary Crimes and Accomplice Liability 16: Criminal Defenses 17: The Burden of Proof 18: Rights of Criminal Defendants and Crime Victims 19: The Law of Arrest 20: Interrogations and Confessions: The Right to Remain Silent 21: Search and Seizure 22: The Exclusionary Rule: Remedies for Civil Rights Violations 23: The Right to an Attorney/Advocate 24: Defendant Rights at Trial 25: Victims' Rights 26: Sentencing: Fines and Incarceration 27: Tribal Restorative Justice

About the Author

Carrie E. Garrow is a member of the St. Regis Mohawk Tribe. She is a Visiting Assistant Professor at Syracuse University College of Law and the Chief Appellate Judge for the St. Regis Mohawk Tribal Court. She also is a judicial consultant and currently works for Tribal Law and Policy Institute. Sarah Deer is a citizen of the Muscogee (Creek) Nation of Oklahoma. She is a professor of law at the William Mitchell College of Law. She is a 2014 recipient of the MacArthur Foundation's Genius Grant.


Carrie Garrow and Sarah Deer's Tribal Criminal Law and Procedure is an excellent resource for students, practitioners, or anyone else seeking to understand tribal justice systems from a tribal perspective. This book successfully weaves together shared experiences of colonization as well as core criminal justice concepts to provide a broad, yet focused, treatment of the field from its history through its most recent developments. -- M. Brent Leonhard, attorney, Confederated Tribes of the Umatilla Indian Reservation
This book is a must-read for tribal, federal and state practitioners, judges, officials, and citizens to understand the framework of tribal criminal law and its roots in traditional norms. From the historical to the contemporary, the authors have skillfully presented a thorough and engaging view of tribal criminal issues. -- Angelique EagleWoman, Sisseton-Wahpeton Dakota, University of Idaho College of Law
Tribal Criminal Law and Procedure has proven to be an important tool for college and professional students at any level in developing the leaders and thinkers to meet these Indian country goals through the development of tribal law. Moreover, this new edition makes accessible the ongoing changes and developments in tribal, federal, and state law and policy of the last decade. The authors, leaders in the field, are to be commended and thanked for this project. -- Matthew L.M. Fletcher, director of the Indigenous Law & Policy Center, Michigan State University

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