Native American Tribal Courts: Difference between revisions

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There is great variety in '''Native American Tribal Courts'''. Approximately 275 of the indigenous American peoples have established formal court systems. The structure varies widely from court to court, with some embracing a Western-style method with written laws and rules of court procedure, and others using more traditional means such as [[Circle Peacemaking|peacemaking]], elders' councils and [[Circle Peacemaking|sentencing circles]].<ref>[http://www.tribalresourcecenter.org/tribalcourts/history.asp National Tribal Justice Resource Center:Tribal Court History]</ref>  
'''American Indian Court Systems''' are formal court and justice systems of approximately 275 American Indian nations and Alaska Native villages. The courts are empowered to resolve conflicts and disputes arising from within a tribe's jurisdiction, and to enforce tribal law. Court structures and sizes vary from court to court.<ref name=hist>[http://www.tribalresourcecenter.org/tribalcourts/history.asp ''National Tribal Justice Resource Center'', "Tribal Court History," accessed March 23, 2021]</ref><ref name=about>[http://www.tribal-institute.org/lists/justice.htm ''Tribal Court Clearinghouse: a project of the Tribal Law and Policy Institute'', "Tribal Courts," accessed March 23, 2021]</ref>


There are approximately 400 tribal justice systems throughout the United States.<ref name=bia>[https://www.bia.gov/CFRCourts/tribal-justice-support-directorate ''United States Bureau of Indian Affairs'', "Tribal Court Systems," accessed March 18, 2021]</ref>
{{Tribal court explainer}}
 
[http://www.tribal-institute.org/lists/justice.htm Click here] to view a list of known tribal courts organized by state.<ref name=about/>


==Jurisdiction==
==Jurisdiction==
The tribal courts rule on civil and criminal violations of tribal ordinance.
Tribes retain sovereign authority to establish and operate their own justice systems. The courts are empowered to resolve conflicts and disputes arising from within a tribe's jurisdiction, and to enforce tribal law.<ref name=hist/><ref name=about/>


Tribal courts are courts of general jurisdiction with broad criminal jurisdiction. Generally, states have no jurisdiction over the activities of Indians and tribes in <CustomToolTip linktext="Indian country">"18 U.S.C § 1151 defines Indian Country as: <br><br>(a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation,<br><br>
Tribal courts are courts of general jurisdiction with broad criminal jurisdiction. Generally, states have no jurisdiction over the activities of Indians and tribes in <CustomToolTip linktext="Indian country">"18 U.S.C § 1151 defines Indian Country as: <br><br>(a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation,<br><br>
(b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and<br><br>
(b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and<br><br>
(c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same."</CustomToolTip>.<ref>[https://www.law.cornell.edu/uscode/text/18/1151 ''Legal Information Institute'', "18 U.S. Code § 1151.Indian country defined," accessed March 22, 2021]</ref> In 1953, <CustomToolTip linktext="Public Law 280 (PL 280)">"Public Law 83-280 (commonly referred to as “Public Law 280” or “PL-280”), was originally enacted in 1953 and did two things to alter the usual allocation of criminal jurisdiction in Indian country.  First, on the reservations to which it applied, it took away the federal government’s authority to prosecute Indian country crimes based on 18 USC 1152 (the Indian Country General Crimes Act) and 18 USC 1153 (the Major Crimes Act).  Second, it authorized the states of Alaska, California, Minnesota, Nebraska, Oregon, and Wisconsin to prosecute most crimes that occurred in Indian country.  Exceptions were set forth for a few topic areas and on a few reservations, but the main result of Public Law 280 is that for most reservations in the six named states, federal criminal jurisdiction became extremely limited while state jurisdiction was greatly expanded."</CustomToolTip> created an exception to this rule <CustomToolTip linktext="in six states">Alaska, California, Minnesota, Nebraska, Oregon, and Wisconsin</CustomToolTip>.<ref>[https://www.justice.gov/usao-mn/Public-Law%2083-280 ''U.S. Department of Justice'', "Frequently Asked Questions about Public Law 83-280," accessed March 18, 2021]</ref> The [[U.S. Congress]] authorized these states to have criminal jurisdiction over all offenses involving Native Americans on tribal lands and transferred the federal government’s criminal jurisdiction over Indian country to the six states. Congress also authorized state courts with jurisdiction in civil cases that were previously exclusively under the jurisdiction of tribal or federal courts. As a result, state and tribal courts share jurisdiction in certain areas.<ref name=ncsc>[https://www.ncsc.org/topics/special-jurisdiction/tribal-courts/resource-guide ''National Center for State Courts'', "Tribal Courts Resource Guide," accessed March 18, 2021]</ref><ref name=pl>[http://www.tribal-institute.org/lists/pl280.htm ''Tribal Court Clearinghouse: a Project of the Tribal Law and Policy Institute'', "Public Law 280," accessed March 18, 2021]</ref>  
(c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same."</CustomToolTip>.<ref>[https://www.law.cornell.edu/uscode/text/18/1151 ''Legal Information Institute'', "18 U.S. Code § 1151.Indian country defined," accessed March 22, 2021]</ref> In 1953, <CustomToolTip linktext="Public Law 280 (PL 280)">"Public Law 83-280 (commonly referred to as “Public Law 280” or “PL-280”), was originally enacted in 1953 and did two things to alter the usual allocation of criminal jurisdiction in Indian country.  First, on the reservations to which it applied, it took away the federal government’s authority to prosecute Indian country crimes based on 18 USC 1152 (the Indian Country General Crimes Act) and 18 USC 1153 (the Major Crimes Act).  Second, it authorized the states of Alaska, California, Minnesota, Nebraska, Oregon, and Wisconsin to prosecute most crimes that occurred in Indian country.  Exceptions were set forth for a few topic areas and on a few reservations, but the main result of Public Law 280 is that for most reservations in the six named states, federal criminal jurisdiction became extremely limited while state jurisdiction was greatly expanded."</CustomToolTip> created an exception to this rule <CustomToolTip linktext="in six states">Alaska, California, Minnesota, Nebraska, Oregon, and Wisconsin</CustomToolTip>.<ref>[https://www.justice.gov/usao-mn/Public-Law%2083-280 ''U.S. Department of Justice'', "Frequently Asked Questions about Public Law 83-280," accessed March 18, 2021]</ref> The [[U.S. Congress]] authorized these states to have criminal jurisdiction over all offenses involving Native Americans on tribal lands and transferred the federal government’s criminal jurisdiction over Indian country to the six states. Congress also authorized state courts with jurisdiction in civil cases that were previously exclusively under the jurisdiction of tribal or federal courts. As a result, state and tribal courts share jurisdiction in certain areas.<ref name=ncsc>[https://www.ncsc.org/topics/special-jurisdiction/tribal-courts/resource-guide ''National Center for State Courts'', "Tribal Courts Resource Guide," accessed March 18, 2021]</ref><ref name=pl>[http://www.tribal-institute.org/lists/pl280.htm ''Tribal Court Clearinghouse: a Project of the Tribal Law and Policy Institute'', "Public Law 280," accessed March 18, 2021]</ref>  
==History and structures==
Prior to European contact, indigenous Americans practiced various forms of conflict and dispute resolution. Traditionally, American Indian nations, tribes, communities, and villages reached resolution by way of consensus.<ref name=hist/>
In 1934, the [https://www.govinfo.gov/content/pkg/USCODE-2011-title25/html/USCODE-2011-title25-chap14-subchapV.htm Indian Reorganization Act] encouraged American Indian nations, tribes, communities, and villages to establish their own justice codes and to operate court systems in order to enforce the codes. Tribes were authorized to draft and adopt constitutions.<ref name=about/>
Approximately 275 American Indian nations and Alaska Native villages have established formal tribal court systems. Court structures and sizes vary from court to court. Some courts resemble Western-style court systems where written codes and procedural rules are applied, while others employ traditional methods of dispute resolution including [[Circle Peacemaking|peacemaking]], elders' councils, and [[Circle Peacemaking|sentencing circles]].<ref name=hist/><ref name=about/>


==External links==
==External links==
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==Footnotes==
==Footnotes==
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[[category:tribal courts]]
[[category:tribal courts]]

Revision as of 18:45, 23 March 2021

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American Indian Court Systems are formal court and justice systems of approximately 275 American Indian nations and Alaska Native villages. The courts are empowered to resolve conflicts and disputes arising from within a tribe's jurisdiction, and to enforce tribal law. Court structures and sizes vary from court to court.[1][2]

There were approximately 400 tribal courts in the United States as of 2021, according to the U.S. Department of the Interior.[3] These courts can hear both criminal and civil cases regarding tribal code. Tribes that do not establish their own court may use a regional Court of Indian Offenses. These are also known as CFR Courts, since they were established by the Code of Federal Regulations.[4]

Click here to view a list of known tribal courts organized by state.[2]

Jurisdiction

Tribes retain sovereign authority to establish and operate their own justice systems. The courts are empowered to resolve conflicts and disputes arising from within a tribe's jurisdiction, and to enforce tribal law.[1][2]

Tribal courts are courts of general jurisdiction with broad criminal jurisdiction. Generally, states have no jurisdiction over the activities of Indians and tribes in Indian country.[5] In 1953, Public Law 280 (PL 280) created an exception to this rule in six states.[6] The U.S. Congress authorized these states to have criminal jurisdiction over all offenses involving Native Americans on tribal lands and transferred the federal government’s criminal jurisdiction over Indian country to the six states. Congress also authorized state courts with jurisdiction in civil cases that were previously exclusively under the jurisdiction of tribal or federal courts. As a result, state and tribal courts share jurisdiction in certain areas.[7][8]

History and structures

Prior to European contact, indigenous Americans practiced various forms of conflict and dispute resolution. Traditionally, American Indian nations, tribes, communities, and villages reached resolution by way of consensus.[1]

In 1934, the Indian Reorganization Act encouraged American Indian nations, tribes, communities, and villages to establish their own justice codes and to operate court systems in order to enforce the codes. Tribes were authorized to draft and adopt constitutions.[2]

Approximately 275 American Indian nations and Alaska Native villages have established formal tribal court systems. Court structures and sizes vary from court to court. Some courts resemble Western-style court systems where written codes and procedural rules are applied, while others employ traditional methods of dispute resolution including peacemaking, elders' councils, and sentencing circles.[1][2]

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 National Tribal Justice Resource Center, "Tribal Court History," accessed March 23, 2021
  2. ↑ 2.0 2.1 2.2 2.3 2.4 Tribal Court Clearinghouse: a project of the Tribal Law and Policy Institute, "Tribal Courts," accessed March 23, 2021
  3. ↑ U.S. Department of the Interior, "Tribal Court Systems," accessed February 21, 2021
  4. ↑ U.S. Department of the Interior, "Court of Indian Offenses," accessed February 21, 2021
  5. ↑ Legal Information Institute, "18 U.S. Code § 1151.Indian country defined," accessed March 22, 2021
  6. ↑ U.S. Department of Justice, "Frequently Asked Questions about Public Law 83-280," accessed March 18, 2021
  7. ↑ National Center for State Courts, "Tribal Courts Resource Guide," accessed March 18, 2021
  8. ↑ Tribal Court Clearinghouse: a Project of the Tribal Law and Policy Institute, "Public Law 280," accessed March 18, 2021
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