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Tribal Criminal Law and Procedure

Second Edition

Carrie E. Garrow and Sarah Deer

Tribal Criminal Law and Procedure examines complex Indian nations’ tribal justice systems, analyzing tribal statutory law, tribal case law, and the cultural values of Native peoples. Using tribal court opinions and tribal codes, it reveals how tribal governments use a combination of oral and written law to dispense justice and strengthen their nations and people. Carrie E. Garrow and Sarah Deer discuss the histories, structures, and practices of tribal justice systems, comparisons of traditional tribal justice with American law and jurisdictions, elements of criminal law and procedure, and alternative sentencing and traditional sanctions.

New features of the second edition include new chapters on:
· The Tribal Law and Order Act's Enhanced Sentencing Provisions
· The Violence Against Women Act's Special Domestic Violence Criminal Jurisdiction
· Tribal-State Collaboration

Tribal Criminal Law and Procedure is an invaluable resource for legal scholars and students. The book is published in cooperation with the Tribal Law and Policy Institute (visit them at www.tlpi.org).
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Rowman & Littlefield Publishers
Pages: 650Size: 6 3/8 x 9 1/8
978-1-4422-3228-0 • Hardback • May 2015 • $104.00 • (£70.00)
978-1-4422-3229-7 • Paperback • May 2015 • $58.00 • (£39.95)
978-1-4422-3230-3 • eBook • May 2015 • $55.00 • (£37.95)
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.

Notes on Law

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 Authors
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

The new edition includes analyses of:
• The Tribal Law and Order Act of 2010
• The Violence Against Women Act reauthorization in 2013

And a new chapter on:
• Tribal-state collaboration efforts to address criminal justice problems

• Author Sarah Deer named a MacArthur award-winner (2014)