Captured Justice


Book Description

The policy of forced assimilation, called "termination," that Congress pressed upon Native Americans in the 1950s brought state criminal jurisdiction to more than half of all Indian reservations for the first time in American history. The law that accomplished most of this shift from a combination of tribal and federal control to state control is widely known as Public Law 280. Tribes did not consent to the new and alien forms of criminal justice, and the federal government provided no funding to state or local governments to ease the new burdens thrust upon them. Present-day concerns about community safety in Indian country raise questions about the appropriate strategy for achieving that end. Is expanded state criminal jurisdiction an appropriate response, or should that option be off the table? Does the experience with Public Law 280 suggest conditions under which state jurisdiction is more or less successful? Captured Justice is the first systematic investigation of the success or failure of the Public Law 280 program substituting state for tribal and federal criminal justice in Indian country. The authors first identify a set of six conditions that are necessary for criminal justice to succeed in Indian country. They then present the results of hundreds of interviews and surveys at sixteen reservations across the United States, tapping reservation residents, tribal officials and staff, and state and federal law enforcement officers and criminal justice personnel, to find out how the state jurisdiction regime is faring and to compare experiences on Public Law 280 reservations with those on non-Public Law 280 reservations. Before-and-after case studies of tribes that were able to remove state jurisdiction from their reservations complete the book. Captured Justice is both an important assessment of an historic federal Indian policy that remains with us today, and a guide to future criminal justice policy for Indian country. "The authors carefully and clearly explain the interaction of a complex overlay of cultures and legal systems. They also clearly explain their methodologies and interview individuals about their experiences in the legal system. This book would be appropriate for anyone interested in American Indian law, or those interested in related topics such as contemporary Native American studies or sociology." -- Book News Inc. (October 2012)




Oregon Blue Book


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Public Law 83-280


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American Indian Law Deskbook


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Resource added for the Paralegal program 101101.




Planting Tail Feathers


Book Description

Nonfiction. Native American Studies. PLANTING TAIL FEATHERS recounts the passage in 1953 of the federal statute commonly known as Public Law 280. Public Law 280 brought hardship to the affected reservations in the form of state jurisdiction and a withdrawal of federal services. The goal of the book is to present some of the ideas and legal understanding needed to rebuild tribal governments, economies, and peoples following the implementation Public Law 280.




A User-Friendly PL 280 Resource Guide


Book Description

A User-friendly PL 280 Resource Guide offers a unique perspective on Public Law 280 (PL 280). Why is jurisdiction in Indian country like playing a game of Twister? This resource guide will serve as the "tour guide," directing the reader down the path of the evolution of jurisdiction in Indian country. The book's presentation gives its reader a broad perspective, beginning with the indigenous sovereign nations and following the historical twists and turns that have created the puzzling tribal, federal and state jurisdictions that exist today in Indian country. PL 280 was the legal vehicle which allowed the federal government to transfer certain jurisdiction to the states. This transfer of jurisdiction, especially criminal jurisdiction, has created a multitude of issues. Both Native Americans and the myriad of individuals who work or interact within tribal communities have been forced to make sense of this convoluted law. The goal of A User-friendly PL 280 Resource Guide is to take the mystery out of PL 280 and help the reader unravel the tangled jurisdictional maze that is seen in Indian country today. Although PL 280 became a law over a half a century ago, it has managed to remain elusive. No more hiding in the shadows or being camouflaged in highbrowed legalese! Let's grab PL 280 by the collar and confront it face-to-face.The book's distinctive style and easy-to-understand format, along with its fun illustrations and charts, make for enjoyable learning. It features interesting icon navigation.A User-friendly PL 280 Resource Guide is ideal for tribal members and communities, police/sheriff departments, federal and state authorities, public safety and fire personnel, social services and court personnel, as well as those just interested in the history of the Indians and Indian country.Although this book targets those who are impacted by PL 280, the message goes beyond PL 280 jurisdictional areas. This is because the history of jurisdiction in Indian country was essentially the same for all North American tribal communities until 1953.Authors:Alex Tortes is a tribal member of the Torres-Martinez Desert Cahuilla Indian Tribe. Alex was born at the Soboba Indian Hospital in southern California. He is a father of four children, and proud grandfather of twelve grandchildren.Alex has over 30 years of law enforcement experience. He served on the Riverside Police Department where he promoted to the rank of Lieutenant/Area Commander. Some of his assignments included patrol, traffic, detective bureau, narcotics unit, special enforcement (SWAT), gangs, and special operations.Alex has a Bachelor's Degree and has earned a Vocational Teaching Credential. He is an instructor for the State of California's Peace Officer Training and Standards (POST), teaching both classes on "Policing Native American Communities" and "Domestic Violence & Sexual Assault for First Responders on Tribal Lands". Alex has also served as a consultant for the US Department of Justice, Community Policing Consortium.Alex was the founding member of the Tribal Liaison Unit for the Riverside County Sheriff's Department. Alex also serves as the Executive Director of Nexus Community Solutions.Cindy Pierce has two daughters and two granddaughter. She worked with the Riverside County Sheriff's Department as a Deputy Sheriff where she began her involvement working with tribal communities, focusing on community oriented policing. Cindy continued her work with tribal communities as a member of the Tribal Liaison Unit for the Riverside County Sheriff's Department. This position has given her valuable experience working in Indian country as well as with local, state and federal agencies. She currently works together with Alex as an instructor/consultant with Nexus Community Solutions, a business dedicated to connecting tribal communities with public safety and service providers.




American Indian Law


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United States Code


Book Description

"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.