When cultures clash: the future of tribal courts
Article Abstract:
Native American legal systems are structured and operated much like the American legal system due largely to US intervention, but many tribal courts have retained Native customs such as elder councils, arbitration and banishment of criminals. The authority of tribal courts can be strengthened if their powers are deemed to be coexistent with those of tribal councils and if their criminal jurisdiction over acts committed within the reservation, whether by Natives or non-Natives, is made more like their civil jurisdiction and not subjugated to US jurisdiction.
Publication Name: Human Rights
Subject: Social sciences
ISSN: 0046-8185
Year: 1993
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Reincarnation & reawakening: long forgotten by civil libertarians, state courts are now getting the respect they deserve
Article Abstract:
The history of federalism and civil liberties shows that the state courts should now be assertive in interpreting state constitutions and protecting rights. Federalism has passed through three stages. State constitutions and not the US Bill of Rights protected rights against state and local government from 1787 to 1925. The US Supreme Court applied the Bill of Rights to the states from 1925 to the 1970s. The Supreme Court's declining involvement since the 1970s makes it imperative for the state courts to use their constitutions to protect liberties.
Publication Name: Human Rights
Subject: Social sciences
ISSN: 0046-8185
Year: 1992
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Diverting abuse cases before they clog courts
Article Abstract:
Cook County, IL, has established pretrial services for wife-batterers in its Domestic Violence Court as an alternative to incarceration. These services, called Branch 61, are meant to break the cycle of violence in spouse abuse. Branch 61 services are conducted in the interval between a defendant's first appearance and sentencing, when batterers are generally remorseful and willing to stop their violent behavior. The batterers then receive help with the substance abuse and lack of education that often contribute to the violence.
Publication Name: Human Rights
Subject: Social sciences
ISSN: 0046-8185
Year: 1992
User Contributions:
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