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).

'This collection presents significant summaries of past criminal behavior, and significant new cultural and political contextualizations that provide greater understanding of the complex effects of crime, sovereignty, culture, and colonization on crime and criminalization on Indian reservations.' Duane Champagne, UCLA (From the Foreword) Native Americans and the Criminal Justice System offers a comprehensive approach to explaining the causes, effects, and solutions for the presence and plight of Native Americans in the criminal justice system. Articles from scholars and experts in Native American issues examine the ways in which society's response to Native Americans is often socially constructed. The contributors work to dispel the myths surrounding the crimes committed by Native Americans and assertions about the role of criminal justice agencies that interact with Native Americans. In doing so, the contributors emphasize the historical, social, and cultural roots of Anglo European conflicts with Native peoples and how they are manifested in the criminal justice system. Selected chapters also consider the global and cross-national ramifications of Native Americans and crime. This book systematically analyzes the broad nature of the subject area, including unique and emerging problems, theoretical issues, and policy implications.

Native Americans are disproportionately represented as offenders in the U.S. criminal justice system, particularly in the southwestern and north-central regions. However, until recently there was little investigation into the reasons for their over-representation. Furthermore, there has been little acknowledgment of the positive contributions of Native Americans to the criminal justice system—in rehabilitating offenders, aiding victims, and supporting service providers. This book offers a valuable and contemporary overview of how the American criminal justice system impacts Native Americans on both sides of the law. Each of the fourteen chapters of Criminal Justice in Native America was commissioned specifically for this volume. Contributors—many of whom are Native Americans—rank among the top scholars in their fields. Some of the chapters treat broad subjects, including crime, police, courts, victimization, corrections, and jurisdiction. Others delve into more specific topics, including hate crimes against Native Americans, state-corporate crimes against Native Americans, tribal peacemaking, and cultural stresses of police officers. Separate chapters are devoted to women and juveniles. The well-known scholar Marianne Nielsen provides a context-setting introduction, in which she addresses the history of the legal treatment of Native Americans in the United States as well as a provocative conclusion that details important issues for current and future research in Native American criminal justice studies. Intended to introduce students to the substantive concerns of a range of disciplines that contribute to Native American Studies—among them, criminal justice and criminology, law, sociology, and anthropology—Criminal Justice in Native America will interest all readers who are concerned about relationships between Native peoples and prevailing criminal justice systems.