A THREE CENTURY ANALYSIS OF THE HISTORICAL CONTEXT OF THE DRAFT 'MODEL CODE FOR THE ADMINISTRATION OF JUSTICE BY COURTS OF INDIAN OFFENSES' AND AN EXAMINATION OF THE MODEL CODE ITSELF SHOWS THAT IT IS NOTHING MORE THAN A REDRAFT OF THE OLD BUREAU OF INDIAN AFFAIRS REGULATIONS HARMONIZED WITH THE INDIAN BILL OF RIGHTS LARGELY THROUGH FOR PRE-ARRAIGNMENT PROCEDURE. NO PROCEDURAL INNOVATIONS ESPECIALLY SUITED TO TRIBAL NEEDS HAVE BEEN SUGGESTED, NO SUBSTANTIVE IMPROVEMENTS IN THE NOTORIOUSLY ANTIQUATED BUREAU PENAL CODE MADE, NOR NECESSARY EXPANSIONS OF TRIBAL CIVIL JURISDICTION PROVIDED. THE REAL SIGNIFICANCE OF THE MODEL CODE IS THAT IN SEEKING TO CURE ALLEGED CONSTITUTIONAL ERRORS IN THE ADMINISTRATION OF JUSTICE IT PERPETUATES ERRORS OF A MORE FUNDAMENTAL NATURE - HISTORICAL ERRORS OF POLICY. (AUTHOR ABSTRACT)