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Vol 22 No 3 March/April 2017

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Tribal Criminal Law and Procedure

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ISBN13: 9780759107182
ISBN: 0759107181
Published: April 2006
Publisher: AltaMira Press, US
Country of Publication: USA
Format: Paperback
Price: £24.95

Despatched in 8 to 10 days.

Tribal Criminal Law and Procedure is the second in a unique series of comprehensive studies of tribal law in the United States. This book examines the complex subject of tribal criminal law and procedure from a tribal perspective—utilizing tribal statutory law, tribal case law, and the cultural values of Native peoples.

Garrow and Deer discuss in depth the histories, structures and practices of tribal justice systems, comparisons of traditional tribal justice with Anglo-American law and jurisdictions, elements of criminal law and procedure, and alternative sentencing and traditional sanctions. Tribal Criminal Law and Procedure will be an invaluable resource for legal scholars and students.

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Preface: Tribal Legal Studies Textbook Series Introduction
Notes on Terminology
PART I. Criminal Law in Anglo-American and Native Societies
Chapter 1. Introduction to Criminal Law Concepts
Chapter 2. Comparing Traditional Criminal Law to Anglo-American Criminal Law
Chapter 3. Using Western Criminal Law to Control Native American Nations
Chapter 4: Traditional Law Today
PART II. Criminal Jurisdiction in Indian Country
Chapter 5. Introduction What is Criminal Jurisdiction?
Chapter 6. Traditional Criminal Jurisdiction in Indian Country
Chapter 7. Limitations on Tribal Criminal Jurisdiction Imposed by the United States
Chapter 8. Efforts by Tribal Nations to Address Jurisdictional Gaps
Chapter 9. Criminal Jurisdiction as Defined by Tribal Courts
PART III. Criminal Law: Elements of a Crime and Defenses
Chapter 10. Introduction to Elements and Acts
Chapter 11. The Mental State
Chapter 12. A Closer Look at Criminal Elements
Chapter 13. Is Helping a Criminal Act? Preliminary Crimes and Accomplice Liability
Chapter 14. Criminal Defenses
Chapter 15. The Burden of Proof
PART IV. Criminal Procedure
Chapter 16. Rights of Criminal Defendants and Crime Victims;
Chapter 17. The Law of Arrest
Chapter 18. Interrogations and Confessions: The Right to Remain Silent
Chapter 19: Search and Seizure
Chapter 20: The Exclusionary Rule: Remedies for Civil Rights Violations
Chapter 21. The Right to an Attorney/Advocate
Chapter 22: Defendant Rights at Trial
Chapter 23: Victims' Rights in Criminal Procedure
PART V. Sanctions and Sentencing
Chapter 24: Sentencing: Fines and Incarceration
Chapter 25: Alternative Sentences and Traditional Sanctions
About the Authors