'Indians, in a Jurisdictional Sense': The Continuing Viability of Consent as a Theory of Tribal Criminal Jurisdiction Over Non-Indians

2012 ◽  
Author(s):  
Paul Spruhan
Keyword(s):  
Criminal Jurisdiction ◽  
Tribal Criminal Jurisdiction

scholarly journals Crime and Governance in Indian Country

2017 ◽  
Author(s):  
Angela R. RIley
Keyword(s):  
Tribal Sovereignty ◽  
Law And Order ◽  
Indian Reservations ◽  
Criminal Jurisdiction ◽  
Violence Against Women Act ◽  
Secondary Sources ◽  
Tribal Communities ◽  
Indian Country ◽  
Tribal Criminal Jurisdiction ◽  
First Time

Criminal jurisdiction in Indian country is defined by a central, ironic paradox. Recent federal laws expanding tribal criminal jurisdiction are, in many respects, enormous victories for Indian country, as they acknowledge and reify a more robust notion of tribal sovereignty, one capable of accommodating increased tribal control over safety and security on Indian reservations. At the same time, the laws make clear that sovereignty comes at a price, potentially working to effectuate further assimilation of tribal courts and Indian people. As a result, at the same time that tribal sovereignty gains ground in ways critical to autonomy and self-governance, it is simultaneously threatened by exogenous forces that have the potential to homogenize tribal justice systems legally, politically, and—in particular—culturally.This Article offers the first comprehensive assessment of the Tribal Law and Order Act and the reauthorization of the Violence Against Women Act, respectively, to show how they relate to one another on the ground and the implications for tribal sovereignty and self-determination. Ultimately, based on data compiled for the first time as well as extensive secondary sources, I argue that expanded criminal jurisdiction and punishment authority have, perhaps paradoxically, enhanced the ability of tribes to develop and enforce policies, laws, and procedures that are consistent with tribal custom and tradition. This presents a unique opportunity worthy of further exploration. In other words, rather than sovereignty and assimilation expanding in tension with one another, I find that the application of the laws has been experienced in tribal communities, as least anecdotally and preliminarily, as greatly enhancing—not threatening or destroying—tribal sovereignty and Indian cultural survival.Published: Angela R. Riley, "Crime and Governance in Indian Country," 63 UCLA Law Review 1564 (2016).

AVIATION AND CRIMINAL JURISDICTION

2020 ◽  
Author(s):  
Viktoriia Sysoieva ◽  
Natalia Semchuk
Keyword(s):  
Criminal Jurisdiction

A IMPRESCINDIBILIDADE DO JUIZ DAS GARANTIAS PARA UMA JURISDIÇÃO PENAL IMPARCIAL: REFLEXÕES A PARTIR DA TEORIA DA DISSONÂNCIA COGNITIVATHE IMPERATIVE OF THE JUDGE OF GUARANTEES FOR AN IMPARTIAL CRIMINAL JURISDICTION: REFLECTIONS FROM THE THEORY OF COGNITIVE DISSONANCE

2017 ◽  
Vol 8 (16) ◽  
Author(s):  
Aury Lopes Jr. (PUC/RS) ◽  
Ruiz Ritter (PUC/RS)
Keyword(s):  
Cognitive Dissonance ◽  
Criminal Jurisdiction

O trabalho analisa a figura do juiz das garantias na perspectiva de inserção no siste-ma jurídico brasileiro na Reforma do Código de Processo Penal. Pretende demons-trar a incompatibilidade entre a figura do juiz prevento e a imparcialidade jurisdicio-nal, a partir da jurisprudência do Tribunal Europeu de Direitos Humanos e também da Teoria da Dissonância Cognitiva, comprovando a imprescindibilidade do juiz das garantias.

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