Tribal Criminal Law and Procedure

Carrie E. Garrow is a member of the St. Regis Mohawk Tribe. She is the chief judge for the St. Regis Mohawk Tribal Courts and a judicial consultant, and currently works as a consultant for Tribal Law and Policy Institute, the Udall Center, and the Harvard Project on American Indian Economic Development. Sarah Deer is staff attorney at the Tribal Law and Policy Institute and an instructor of Tribal Legal Studies for UCLA Extension. She is a citizen of the Muscogee (Creek) Nation of Oklahoma.

Part 2 Introduction Part 3 Preface: Tribal Legal Studies Textbook Series Introduction Part 4 Notes on Terminology Part 5 Acknowledgments Part 6 Credits Part 7 PART I. Criminal Law in Anglo-American and Native Societies Chapter 8 Chapter 1. Introduction to Criminal Law Concepts Chapter 9 Chapter 2. Comparing Traditional Criminal Law to Anglo-American Criminal Law Chapter 10 Chapter 3. Using Western Criminal Law to Control Native American Nations Chapter 11 Chapter 4: Traditional Law Today Part 12 PART II. Criminal Jurisdiction in Indian Country Chapter 13 Chapter 5. Introduction-What is Criminal Jurisdiction? Chapter 14 Chapter 6. Traditional Criminal Jurisdiction in Indian Country Chapter 15 Chapter 7. Limitations on Tribal Criminal Jurisdiction Imposed by the United States Chapter 16 Chapter 8. Efforts by Tribal Nations to Address Jurisdictional Gaps Chapter 17 Chapter 9. Criminal Jurisdiction as Defined by Tribal Courts Part 18 Part III. Criminal Law: Elements of a Crime and Defenses Chapter 19 Chapter 10. Introduction to Elements and Acts Chapter 20 Chapter 11. The Mental State Chapter 21 Chapter 12. A Closer Look at Criminal Elements Chapter 22 Chapter 13. Is Helping a Criminal Act? Preliminary Crimes and Accomplice Liability Chapter 23 Chapter 14. Criminal Defenses Chapter 24 Chapter 15. The Burden of Proof Part 25 Part IV. Criminal Procedure Chapter 26 Chapter 16. Rights of Criminal Defendants and Crime Victims Chapter 27 Chapter 17. The Law of Arrest Chapter 28 Chapter 18. Interrogations and Confessions: The Right to Remain Silent Chapter 29 Chapter 19: Search and Seizure Chapter 30 Chapter 20: The Exclusionary Rule: Remedies for Civil Rights Violations Chapter 31 Chapter 21. The Right to an Attorney/Advocate Chapter 32 Chapter 22: Defendant Rights at Trial Chapter 33 Chapter 23: Victims' Rights in Criminal Procedure Part 34 Part V. Sanctions and Sentencing Chapter 35 Chapter 24: Sentencing: Fines and Incarceration Part 36 Glossary Chapter 36 Chapter 25: Alternative Sentences and Traditional Sanctions Part 37 Index Part 38 About the Authors