Indian Civil Rights Act

Indian Civil Rights Act in the United States

Indian Civil Rights Act in relation to Crime and Race

Indian Civil Rights Act is included in the Encyclopedia of Race and Crime (1), beginning with: The Indian Civil Rights Act (ICRA), enacted by Congress in 1968, is federal legislation that transfers key provisions of the Bill of Rights to criminal justice processes that occur in Indian Country. This legislation is important in the study of race and crime because it ensures due process to defendants in tribal justice systems. This section describes the ICRA, its impact in Indian Country, and strengths and weaknesses of the legislation. For more than a century, the protections in the Bill of Rights were viewed as governing only federal prosecutions. Just as its provisions had to be extended to the states through the process of selective incorporation, the rights included in the Bill of Rights were not automatic for individuals on tribal lands. The logic was that tribal governments were not governed by the U.S.

Resources

Notes and References

  1. Entry about Indian Civil Rights Act in the Encyclopedia of Race and Crime

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