ABSTRACT

This chapter addresses some of the statutes and case laws that the federal government has used to alter American Indian legal systems and structure American Indian law in the United States. It proposes future research considerations as a means of arriving at more equitable American Indian justice processes both on and off reservations. Vine Deloria and Clifford M. Lytle liken the contemporary American Indian justice system to a jurisdictional maze wherein the federal government, the state governments, or the tribal governments retain authority over certain criminal acts. Meaningful self-determination must preclude appeal to external authorities by reference to rules not congruent with traditional tribal concepts of authority and justice. Research on American Indian social problems has noted the need for greater American Indian self-determination and local control of programs and policies, reducing economic barriers, and providing for greater recognition of Indian cultures as a means of reducing social ills.