American Indians, Crime and the Law: Five Years of Scholarship on Criminal Justice in Indian Country

Abstract:     
This essay is a lightly-edited and footnoted draft of the inaugural Canby lecture presented by Professor Washburn as the inaugural William C. Canby, Jr., Scholar in Residence at the Sandra Day O'Connor College of Law at Arizona State University in 2008. It briefly praises Judge Canby and his influences on the author and then presents some of the highlights of Professor Washburn's critical commentary on Indian country criminal justice, which reflected Professor Washburn's most important work in the first five years of his career. It also briefly summarizes legislation recently introduced in the United States Congress that is intended to respond to several of Professor Washburn's concerns.

Keywords: Indian country, crime, criminal justice, prosecution, juries, American Indians, Native Americans

Accepted Paper Series