quote Originally posted by Marvin McInnis: Once again: Nope. I never said that. Stop trying to put words in my mouth. I'll also ask again: Have you ever served on a jury? If so, what was your experience? if not, exactly how do you draw your conclusion? Do you read trial transcripts in your spare time?

Nope. Have seen many people get off on charges though. You are trying to say a crime is equal for all people. Not in this case. I am not a lawyer but I did stay at a holiday inn express.

quote Originally posted by Marvin McInnis: If you commit a petty crime on an Indian reservation and are apprehended there, yes, you will be tried by a tribal court. But if you murder someone on an Indian reservation, regardless whether you are Indian or non-Indian, it will be investigated by the FBI and tried in U.S. federal district court. If still in doubt, don't take my word for it ... consult an attorney.

Indian court has precedent over all United States courts. All of them, how do I know? My family has been fighting them for a long time now.

We can go to the US Supreme Court, get a ruling in our favor, and the Indian Court system only has to listen if they want to.

Yes they listen for the most part, just as Canada extradites Murderers back to the US for Trial, why upset the people that give you everything? But they still can, and do anything they want on their own nation. IF the FBI, or any other US Authority goes into their Nation it is at their request, or with their permission. The Reservations are legally considered their own countries, and follow their own laws.

There have been many US Court rulings overturned over the past years by Indian Courts that should have had people rioting in the streets. But nothing is done because of the way the system is set up. (saying anything is viewed as racism)

Read some of the stories from the link I posted, all true.

Brad

quote Originally posted by twofatguys: Different Nations have their own laws, and The Tribal lands are considered their own nations.

Although I might reach a different conclusion, I generally agree with the facts you presented above. Of course, I know nothing about the details of your personal experiences with tribal law. You do have to make a clear distinction between criminal law and civil law, though.

Yes, Indian tribes exercise legal sovereignty over their tribal lands, but unlike most foreign countries tribal law is at least consistent with U.S. law. I grew up in Oklahoma, where there is a very large Indian population but there are no reservations, so tribal law isn't an issue there. I have spent a lot of time on tribal lands in New Mexico and Arizona over the past 20 years, though, and I have never had a problem with tribal law, tribal law enforcement, or tribal courts. As one example, I would just as soon appear before a judge on the Taos Indian reservation than I would to take my chances before the magistrate (justice of the peace) in the notorious speed-trap town of Questa, 25 miles to the north of Taos. In towns like Gallup, near the edge of several reservations, it's not unusual to see tribal and non-tribal police officers patrolling side by side, enforcing the same laws.


Edit: We both stand corrected somewhat. I found the following summaries of criminal and civil jurisdiction on tribal lands at this link:





N.B. Public Law 280, passed in 1953 and amended in 1968, permits (but generally does not require) states to assume legal jurisdiction over Indian lands. Interestingly, several state constitutions actually prohibit those states from exercising legal jurisdiction over tribal lands within their borders.

[This message has been edited by Marvin McInnis (edited 02-04-2011).]

"Canadians don't like Native Americans."

quote Originally posted by Patrick: Excuse me, but where exactly did you hear this crap?

Probably the same place he found out that all Californians are all materially minded jerks.

Anyway. I am 100% Native American. Both of my parents were born in America, as was I.

quote Originally posted by maryjane: Think of it like this, the Irish got to Ireland somehow right? Well the people that might have been there before any total rule came over and began to govern the land and existing populous would be known as Native Ireland people And, there people there before that--and people there before them. "Native Americans" were not the first---they were just the last, before the arrivals of the Europeans.

First. last or middle, they still got a RAW DEAL.. I dont care when they showed up, its how they got treated that matters. Small pox blankets, relocation, murder and reservation so they wouldnt bother us european descent anymore.

[This message has been edited by tbone42 (edited 02-04-2011).]