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15 - American Indians, Crime, and the Law

from Part IV - (Mis)Understandings

Published online by Cambridge University Press:  11 December 2019

By
Kevin K. Washburn
Edited by
Grant Christensen  and
Melissa L. Tatum
Grant Christensen
Affiliation:
University of North Dakota
Melissa L. Tatum
Affiliation:
University of Arizona
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Summary

American Indians, Crime, and the Law: looks at criminal justice in Indian country not from the perspective of Indian law and policy but through the lens of criminal law and policy. It recognizes that criminal jurisdiction in Indian country places a disproportionate weight on federal prosecution of on-reservation crime because the state lacks the authority to enforce laws, and tribes have limited criminal powers over non-Indians. Washburn questions whether prosecutorial discretion can be appropriately exercised when outsiders prosecute local crimes in Indian country and when juries often fail to include tribal members.

Keywords

juryprosecutorcriminal procedurecriminal lawcommunity
Type
Chapter
Information
Reading American Indian Law
Foundational Principles
 , pp. 357 - 380
Publisher: Cambridge University Press
Print publication year: 2019

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References

Further Reading

Creel, Barbara, The Right to Counsel for Indians Accused of a Crime: A Tribal and Congressional Imperative, 18 Mich. J. Race & L. 317 (2013).Google Scholar
Ennis, Samuel, Reaffirming Indian Tribal Court Criminal Jurisdiction over Non-Indians: An Argument for a Statutory Abrogation of Oliphant, 57 UCLA L. Rev. 553 (2009).Google Scholar
Kronk, Elizabeth, The Emerging Problem of Methamphetamine: A Threat Signaling the Need to Reform Criminal Jurisdiction in Indian Country, 82 N.D. L. Rev. 1249 (2006).Google Scholar
Lewis, Brian L., Do You Know What You Are? You Are What You Is; You Is What You Am: Indian Status for the Purpose of Federal Criminal Jurisdiction and the Current Split in the Courts of Appeals, 26 Harv. J. Racial & Ethnic Just. 241 (2010).Google Scholar
Monette, Richard, Indian Country Jurisdiction and the Assimilative Crimes Act, 69 Or. L. Rev. 269 (1990).Google Scholar
Resnik, Judith, Tribes, Wars, and the Federal Courts: Applying the Myths and the Methods of Marbury v. Madison to Tribal Courts’ Criminal Jurisdiction, 36 Ariz. St. L.J. 77 (2005).Google Scholar
Schiffler, Molly, Women of Color and Crime: A Critical Race Theory Perspective to Address Disparate Prosecution, 56 Ariz. L. Rev. 1203 (2014).Google Scholar
Washburn, Kevin, Federal Criminal Law and Tribal Self-Determination, 84 N.C. L. Rev. 779 (2006).Google Scholar

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