Recently, representation was denied by courts for a Native American, by citing the tribal law of them leading themselfs, so that they do NOT HAVE the right of representation in a court of law
2007-03-21 13:06:05 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Native Americans are not a completely sovereign people. This is popular myth among some.
Native people are subject to all federal laws. There are a couple exceptions and they are few, they come from treaty rights. Native people are also guaranteed equal rights under the U.S. Constitution. The Constitution as I recall :) says all people have a right to legal representation. This is not different for Native people.
If this occured on tribal land and was held in tribal court their May be different laws. However, if Natives are being held in state, supreme, city, county court they are subject to the same laws and rights as all other citizens.
I would review this article and it's source. If you can please let us read it as well. There may be a key peice of information missing OR it is just another instance of racial oppression.
I am a Native woman. I know my rights!
2007-03-21 15:34:08 · answer #1 · answered by RedPower Woman 6 · 0⤊ 0⤋
All americans have the right to legal representation and if the courts refuse these rights to Indians then the judges should be disbarred from practice for going against the constitution of our United States. But if the native american (Indian) refused representation because of tribal law outside of their reservation then all is in their legal right. Its the victims choice.
2007-03-21 20:23:13 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Tribal laws have the same scope of authority as state laws.
Tribal laws in the US are still subject to constitutional requirements. And the 6th Amendment guarantees the right to counsel, including appointed counsel if jail time might be involved.
So, the tribal court was acting in an unconstitutional manner by denying the defendant the right to have counsel present.
2007-03-22 01:08:31 · answer #3 · answered by coragryph 7 · 0⤊ 1⤋
That is right. The native American Indians, has their tribal law, attorney's . I am surprised that the person wanted a attorney outside of the tribe in the first place.
2007-03-21 20:14:17 · answer #4 · answered by zack 4 · 0⤊ 0⤋
So the Native American wanted to be self sufficient and the govt. said ok? I am cherokee.
2007-03-21 20:10:05 · answer #5 · answered by dtwladyhawk 6 · 0⤊ 1⤋