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

Arizona Legal Studies Discussion Paper No. 18-21

6 Pages Posted: 18 May 2018

See all articles by James D. Diamond

James D. Diamond

Roger Williams University School of Law ; National Tribal Trial College ; James E. Rogers College of Law

Date Written: May 14, 2018

Abstract

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

Suggested Citation

Diamond, James, 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 (May 14, 2018). Federal Lawyer, April 2018, at 18, Arizona Legal Studies Discussion Paper No. 18-21, Available at SSRN: https://ssrn.com/abstract=3179165

James Diamond (Contact Author)

Roger Williams University School of Law ( email )

Bristol, RI
United States

National Tribal Trial College ( email )

United States

HOME PAGE: http://https://www.nttconline.org/

James E. Rogers College of Law ( email )

Tucson, AZ
United States

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