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- Title
TRIBAL COURTS, THE MODEL CODE, AND THE POLICE IDEA IN AMERICAN INDIAN POLICY.
- Authors
BARSH, RUSSEL LAWRENCE; HENDERSON, J. YOUNGBLOOD
- Abstract
The article describes how the "Model Code for the Administration of Justice by Courts of Indian Offenses" drafted by the U.S. Indian Civil Rights Task Force under the auspices of the U.S. Bureau of Indian Affairs did not initiate procedural innovations especially suited to American Indians' tribal needs. It says that the Model Code perpetuates the policy of the U.S. government to defeat tribalism by transferring civil jurisdiction from Indian to non-Indian courts while requiring tribes to maintain police institutions among themselves. It explains the inappropriateness of the criminal justice system and the police institution in small American Indian communities because they are taught to obey one Chief who is the arbiter of all conflicts among them.
- Subjects
UNITED States; NATIVE Americans; LEGAL status of Native Americans; GOVERNMENT relations with Native Americans; UNITED States. Bureau of Indian Affairs; CIVIL rights; CRIMINAL justice system
- Publication
Law & Contemporary Problems, 1976, Vol 40, Issue 1, p25
- ISSN
0023-9186
- Publication type
Article
- DOI
10.2307/1191330