CRIMINAL COURT PROCEDURES MANUAL AND RESEARCH DOCUMENT SUPPLEMENT NO 1

• NCJ Number: 35821
• Author(s): ANON
• Date Published: 1974
• Length: 93 pages
• Sponsoring Agency: US Dept of Justice
• Corporate Author: National American Indian Court Judges Assoc
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: STUDIES FOR AMERICAN INDIAN COURT JUDGES

Annotation

THIS DOCUMENT, INTENDED TO ASSIST INDIAN COURT JUDGES IN APPLYING THE INDIAN CIVIL RIGHTS ACT TO THEIR OWN SYSTEMS OF GOVERNMENT, INCORPORATES SUBSEQUENT LEGAL DEVELOPMENTS EMANATING FROM FEDERAL COURT DECISIONS.

Abstract

THE INDIAN BILL OF RIGHTS, ENACTED AS PART OF THE 1968 CIVIL RIGHTS ACT, HAS CONFRONTED THE FEDERAL COURTS WITH A VARIETY OF COMPLEX JURISDICTIONAL AND SUBSTANTIVE QUESTIONS. THE INDIAN BILL OF RIGHTS WAS DESIGNED TO PROTECT THE INDIVIDUAL INDIAN FROM DEPRIVATION OF RIGHTS BY INDIAN TRIBES. THIS DOCUMENT IS INTENDED TO SUPPLEMENT THE CRIMINAL COURT PROCEDURES MANUAL FOR AMERICAN INDIAN COURT JUDGES BY GIVING SPECIAL ATTENTION TO AREAS OF CRIMINAL PROCEDURE AND CONSTITUTIONAL LAW WHICH HAVE BEEN OF CONCERN TO FEDERAL JUDGES IN INTERPRETING THE ACT. CASE LAW, SOLICITOR'S OPINIONS FROM THE DEPARTMENT OF THE INTERIOR, AND THE DRAFT OF THE MODEL CRIMINAL PROCEDURE CODE ARE INCLUDED. THE FIRST SECTION OF THIS SUPPLEMENT IS CONCERNED GENERALLY WITH THE PROBLEMS OF JURISDICTION OF FEDERAL COURTS OVER TRIBAL GOVERNMENTAL ACTIONS ARISING FROM THE CASE LAW, WHICH IS DEVELOPING FROM DECISIONS INTERPRETING THE ACT. THE SECOND SECTION DEALS WITH CASES DECIDED UNDER THE SUBSTANTIVE CIVIL RIGHTS PROVISION OF THE ACT. THE FINAL SECTION IS A WORKING DRAFT OF A MODEL CODE OF SELECTED AREAS OF CRIMINAL PROCEDURE PREPARED BY THE INDIAN CIVIL RIGHTS TASK FORCE. THE PROVISIONS OF THE CODE WHICH DEAL WITH SELECTED AREAS OF CRIMINAL PROCEDURE ARE SET OUT IN FULL. A SUMMARY OF THE COMMENTARY WHICH ACCOMPANIES THE MODEL CODE IS ALSO INCLUDED. (AUTHOR ABSTRACT MODIFIED)