Full Description
This book is the first comparative law study of collateral consequences of criminal conviction in all federally recognized Indian tribes in the lower 48 U.S. states, and the mechanisms for restoring civil rights in tribal law.
Surveying the constitutions, codes, and ordinances of tribal jurisdictions reveals a broad range of consequences - the impact of which has not been comprehensively and critically examined. Like state and federal jurisdictions, tribal law attaches thousands of legal disabilities to tribal offices, business licenses and permits, social services, and civil rights for persons with criminal convictions. This is especially true in economically important industries such as gaming and resource extraction; additionally, rapidly changing areas such as marijuana regulation and sex offender registries expand the scope still further. This book catalogues restoration of rights procedures in tribal law, to include pardons, expungements, and record sealing. Collateral consequences have proliferated in tribal law because of the limitations of tribal criminal jurisdiction, including over non-tribal members. However, tribal collateral consequences risk contributing to overcriminalization and social exclusion for persons with previous criminal convictions, especially as Native Americans are already disproportionately impacted by the U.S. criminal justice system.
This book will appeal to legal academics, scholars, and practitioners working in tribal criminal law, as well as to others with interests in Indigenous legal issues.
Contents
1. Introduction to Collateral Consequences in Indian Country 2. Tribal Justice Systems in Comparative Perspective 3. Restrictions on Running for Tribal Executive or Legislature 4. Restrictions on Serving in Tribal Office or Administration 5. Restrictions on Tribal Business Licenses and Permits 6. Restrictions in the Tribal Gaming Industry 7. Restrictions on Civil Rights and Tribal Social Services 8. Pardons, Expungements, and Restoration of Rights in Tribal Law
