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NCJ Number: 168148 Find in a Library
Title: Who's the Law of the Land? (From Native Americans, Crime, and Justice, P 148-149, 1996, Marianne O Nielsen and Robert A Silverman, eds. -- See NCJ-168132)
Author(s): J Abrams
Date Published: 1996
Page Count: 2
Sponsoring Agency: Westview Press, Inc
Boulder, CO 80301
Sale Source: Westview Press, Inc
Marketing Director
5500 Central Avenue
Boulder, CO 80301
United States of America
Type: Issue Overview
Language: English
Country: United States of America
Annotation: In Idaho, State respect for tribal criminal justice jurisdiction and the effectiveness of tribal courts is increasing.
Abstract: Fred W. Gabourie, Sr., chief judge for the Kootenai Tribe and prosecutor of the Coeur d'Alene Tribe, says State and local authorities sometimes have a difficult time understanding tribal ways of solving problems. Often, modern-day tribal methods take a cue from traditional peacemaking. Sometimes the penalty dispensed by a tribal court may not satisfy the judges in the State court, but it is tailored to get better results on the reservation. Gabourie says the recently established State Court-Tribal Court Forum is going a long way toward establishing mutual respect between the two systems. The issue of respect for tribal jurisdiction came to a head earlier this year when attorneys for Nez Perce tribal member Marcus W. Mathews successfully argued before the Idaho Supreme Court that police had no right to gather evidence that was used to obtain a guilty plea to first-degree murder. The evidence was seized on the reservation with a State search warrant that had not been reviewed by a tribal judge and therefore violated tribal sovereignty, the high court ruled. Mathews was given back his guilty plea and the evidence disallowed. Tribal officials are pushing toward more self- governance, and they believe that an effective tribal police force and an experienced court will advance this effort.
Main Term(s): Tribal court system
Index Term(s): American Indians; Idaho; Indian affairs; Indian justice
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