An Overview of Practicing American Indian Criminal Law in Federal, State, and Tribal Courts, and an Update About Recent Expansion of Criminal Jurisdiction Over Non-Indians
Federal Lawyer, April 2018, at 18
6 Pages Posted: 18 May 2018
Date Written: May 14, 2018
After the U.S. Congress extended, in 2013, the Violence Against Women Act, criminal defendants or defense attorneys are significantly more likely to find themselves appearing in American Indian tribal courts. The article explains the very complex jurisdictional rules that govern criminal law and American Indians or Indian tribes. With an update to early 2018, it explains the most recent changes in the handling of domestic violence cases in tribal courts and the enhanced enforcement now occurring by tribal police and prosecutors. Finally, the article offers general advice to lawyers not familiar with practicing law in tribal courts.
Keywords: Tribal Courts, Crime on Indian Reservations, Domestic Violence, Violence Against Women, VAWA
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