Defendants' Rights

A tribe must:

Protect the rights of defendants under the Indian Civil Rights Act of 1968 (25 U.S.C. § 1301-1304), which largely tracks the U.S. Constitution's Bill of Rights, including the right to due process.

Protect the rights of defendants described in the Tribal Law and Order Act of 2010, by providing:

Effective assistance of counsel for defendants;
- Free, appointed, licensed attorneys for indigent defendants;

- Part I - Competency of Defenders & Timing of Appointment
Part II - Use of Contract Attorneys for Primary and Conflict Counsel
Part III - Indigency

- Law-trained tribal judges who are also licensed to practice law;
- Publicly available tribal criminal laws and rules; and
- Recorded criminal proceedings.
- Include a fair cross-section of the community in jury pools and not systematically exclude non-Indians.

Primer on Fair Cross Section

- Inform defendants ordered detained by a tribal court of their right to file federal habeas corpus petitions.

Federal Habeas Corpus: A Brief Legal Overview (2006)