skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 153048 Find in a Library
Title: Right to Counsel in Native American Tribal Courts: Tribal Sovereignty and Congressional Control
Journal: American Criminal Law Review  Volume:31  Issue:4  Dated:(Summer 1994)  Pages:1279-1301
Author(s): V C Milani
Date Published: 1994
Page Count: 23
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: This article discusses the congressional power to impose an indigent defense requirement upon tribal courts and evaluates whether Congress should do so.
Abstract: Because the Sixth Amendment to the U.S. Constitution does not apply to Indian tribes, defendants in Indian tribal courts do not have the right to counsel. Despite the potential for injustice in such a circumstance, the U.S. Congress, although it has the power, has refrained from imposing the right to counsel on Indian tribal courts. The author discusses tribal courts, including their history, nature, and jurisdictional role, and then describes their interaction with the Federal courts. After examining the evidentiary use of uncounseled tribal court convictions in Federal courts, the author concludes that tribal sovereignty, intertribal diversity, and the existing responsiveness of tribes to the needs of their members mitigate against congressional imposition of a right to counsel and shows how this can be justified despite the potential for civil rights abuses. 114 footnotes
Main Term(s): Tribal court system
Index Term(s): Indian justice; Right to counsel
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=153048

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.