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.

Introduction
Preface: Tribal Legal Studies Textbook Series Introduction
Notes on Terminology
Acknowledgments
Credits
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 24 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
Glossary
Chapter 25: Alternative Sentences and Traditional Sanctions
Index
About the Authors