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63 Cards in this Set

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  • Back
What is the Court Services and Offender Supervision Agency (CSOSA)?
Federal agency providing supervised release, parole, and probation to probationers and parolees, and provide pretrial services in Washington, D.C.
When and how was the CSOSA agency created?
under the National Capital Revitalization and Self-Government Improvement Act of 1997
What is the jurisdiction of the Court Services and Community Supervision Agency?
Washington D.C.
With what Tribe did the United States Government sign its first treaty?
Lenni Lenape Tribe, or the Delaware Indian Tribe
John Marshall as the Chief Justice of the Supreme Court when what landmark case was decided?
Johnson vs. McIntosh
The Cherokee Nation Cases defined what relationship?
Recognized Native Americans as political bodies
President Andrew Jackson is associated with what events in Native American history?
The Indian Removal Act and the Trail of tears (1830)
What year did the Ute Mountain Utes sign the last major agreement between the United States and an Indian Tribe?
1914
What action took place as a result of the Indian Removal Act of 1830?
The Trail of Tear
The Trail of Tears involved what Native American Nation?
Cherokee
What did the General Allotment Act provide for?
Authorized the president to divide Indian reservations into separate tracts of land for individual tribal members.
To what government did the Major Crimes Act give jurisdiction for major felonies?
The Federal Government
Who Received U.S. citizenship under the Indian Citizenship Act of 1924?
granted full U.S. citizenship to America's indigenous people ( Indians )
In 1882, the Secretary of War set aside vacant army posts for what purpose?
Training schools for Indian youth
The Government gave individual ownership of reservation lands for what purpose?
Farming and agriculture
Which U.S. Department has a major role in overseeing Indian Affairs?
Department of Interior
What did the Indian Reorganization Act (IRA) do?
Restored the Native Americans the management of their assets and allowed tribal counsel
What did Public Law 280 do?
giving specific local and state governments criminal jurisdiction over offenses committed by or against Indians on reservations within those states
What did the Termination Period do?
Belief was that Native Americans would be better off if assimilated as individuals into mainstream American society, break up reservations and integrate them into society.
What were the basic consequences of the Termination Period for Indian tribes?
There are 8 of them
What are the provisions of the 1968 Indian Civil Rights Act?
It gave them the same rights as the Bill of Rights
What did the Indian Self-Determination and Education Assistance Act of 1975 do?
Government agencies to enter into contracts with, and make grants directly to, federally recognized Indian tribes.
What branch of the Government was originally given constitutional authority for clarifying the relationship between the U.S. and the Indians
The Judiciary Branch
What did the Supreme Court determine regarding the government’s ownership of Indian land?
They couldn’t hold the deed, they could live there but couldn’t own the land
What did Chief Sequoyah invent enabling a Cherokee constitution to be written?
The Alphabet
What did chief justice Marshall decide regarding the relationship between the Indians and the U.S. Government?
They can make treaties, but the Government is responsible of them
In what large Government agency is the Bureau of Indian Affairs located?
Department of the interior
To what does the legal term Indian Country refer?
The land that they occupy, the reservations
What is the United States vs. Pelican case and what did it help define?
Congress has power to punish crimes committed by or against Indians upon allotted lands
What penalties do traditional tribal governments usually imposed for criminal offenses?
Rehab instead of punishment, restorative justice
What was the Five Civilized Tribes and how were they defined?
the Cherokee, Chickasaw, Choctaw, Creek, and Seminole and were considered civilized by Anglo-European settlers
What defines tribal government and by what authority are they established?
Secular, Religious, Theocracy
What are the four categories that most tribal government’s fall into today?
Representative, representative and traditional combined, general counsel, and theocracy
What jurisdiction can be involved in American Indian Law matters?
All levels
All criminal matters involving Indian Individuals are handled in what courts?
Depends on where they live
What legal matters can tribal courts handle?
Limited to jurisdiction, only if they meet certain criteria, limited to civil and criminal
What are CFR tribal courts and what methods do they use to handle Indian cases?
Code of Federal regulations courts set up to be similar to U.S. District courts, used regular criminal procedures to handle cases.
How a traditional Indian tribal court set up and what are the roles?
Set up like traditional courts, similar to counsel
Tribal court judges are usually drawn from what group?
Elected officials of Elders, NOT necessarily attorneys
What is the role of the Peacemaker in tribal courts?
Mediators
What roles do laymen and family members play in tribal courts?
Members of the group, family members of both sides, have advocates, and is part of the discussion
What did the Major Crimes Act of 1885 do and what role does it play in Native American Justice?
if you commit a felony have to be tried in the U.S. Federal District Courts
What is the Assimilative Crimes Act and what role does it play in Native American Justice?
If there is no federal law to cover it, then local law steps in
What are the major problems (6) identified in the book confronting tribal judges?
???
What makes the tribal court system strong?
Support from the people
What criminal justice system operates within Indian Country?
All levels
What federal Acts and Laws affect the tribal powers to deal with crime on the reservation?
Major Crimes Act
What are the scope of powers and jurisdiction of tribal police?
Only on reservation
What are the scope of the powers and jurisdiction of Bureau of Indian Affairs agents?
On and Off the Reservation with Native American Affairs
What are the scope of powers and jurisdiction of the FBI agents on the Indian reservations?
Complete Jurisdiction
What are the scope and powers and jurisdiction of the State law enforcement officers on Reservations?
Depends on jurisdiction
What are the scope and powers and jurisdiction of the U.S. Attorney in prosecuting crimes committed on the Indian Reservations?
Jurisdiction for any crime anywhere, primarily for felonies
What are Tribal Jails and what are they for?
Ran by tribes, holding and for serving sentences. For anything involved with Indian courts
What is the role of United States Probation Officers on Indian Reservations?
They do not supervise
Where are Native American individuals convicted of felonies committed on Indian reservations confined to serve their sentences?
Federal bureau of Prisons
When was the Uniform Code of Military Justice enacted?
1950 – Harry Truman
What type of crimes are military crimes that are not civilian crimes?
Absent without leave, order and discipline
What does the term “non-judicial punishment” mean in the military services?
Article 15 – Admin. Discipline
What are the types of Court Martial?
Summary, Special, General
Which branches of the military have prison facilities?
All but the US Coast Guard
What branches of the military have prison that houses the most serious offenders?
Fort Leavenworth
What agencies administer military parole?
Army – Clemency and parole board
What article of the U.S. Constitution is the basis for the creation of military courts?
Article 1