Monday, April 23, 2012
B. Civil Rights
The Indian Civil Rights Act (ICRA) already requires tribal governments to provide all rights
accorded to defendants in state and federal court, including core rights such as the Fourth
Amendment right to be secure from unreasonable searches and seizures, and the Fifth
Amendment privilege against self-incrimination. 25 U.S.C. 1301-1303. There is no question
that federal courts have authority to review tribal court decisions which result in incarceration,
and they have the authority to review whether a defendant has been accorded the rights required
by ICRA. See Santa Clara Pueblo v. Martinez, 436 U.S. 49 (1978).
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