StudentShare solutions
Triangle menu

Cherokee Indian Nation - Essay Example

Not dowloaded yet

Extract of sample
Cherokee Indian Nation

The constitution, the comprehensive legal code, and the many governmental related services of the Cherokee Nation contribute to a justice system that operates autonomously to promote order and advancement within the boundaries of the Cherokee Nation.
Though the Cherokee Nation is a sovereign entity with a complete legal system, they also work with the cooperation of federal agencies such as the Bureau of Indian Affairs (BIA) and the Federal Bureau of Investigation (FBI) to maintain order. They also have agreements with local and state governments to help insure consistency and support within both the Cherokee Nation and local governments. Indeed, there has been an ongoing policy of the US government to help insure that Cherokee law and Federal laws have a measure of conformity (Distinctive Features). However, the recent limits placed on the State Police on Indian lands has prompted the Cherokee Nation to take a greater responsibility for law enforcement within their borders and has necessitated the formation of the Cherokee Nation Marshall Service.
In 1986, a ruling by the Tenth Circuit Court of Appeals ruled that "[...] Oklahoma law enforcement officers have no criminal jurisdiction "in Indian country" unless the crime is committed by a non-Indian against another non-Indian ..." (Heck, Keen, and Wilds, 26). The previous two centuries had been marked by federal reluctance to recognize sovereignty compounded by a checkerboard of overlapping federal jurisdiction. The Cherokee Nation Marshal Service is responsible for enforcement on Indian land, and though they have been in existence for over 20 years, their ranks are thin as compared to other urban and rural forces. The 2002 census reported only 11 full time officers to cover the entire population and vast land area ("Census", 10).
The Cherokee Nation also shares criminal jurisdiction with various state and federal authorities through cross deputizing (Heck et al., 33). Jurisdiction is decided through a complex evaluation of whether the defendant and victim are Indian or Non-Indian and the seriousness of the crime. According to Heck et al. while, "[...] either federal or Indian law enforcement officers can make arrests for major crimes, most major crime cases are tried in federal courts" (33). However, victimless crime or minor crime where both defendant and victim are Indian, is the sole jurisdiction of the tribal courts. There may be rare exceptions to this, such as the jurisdiction for the enforcement of traffic laws where major routes are patrolled by a state police agency.
The District Court of the Cherokee Nation serves all 14 counties in the jurisdiction of the tribe and handles civil and criminal proceedings. In addition, they handle some limited juvenile cases and family law issues involving deprivation and neglect ("District Court"). According to the 2002 census, the Cherokee Nation criminal court can only prosecute a case that would result in a jail term of not more than one year and a fine of less than 5,000 dollars ("Census", 2). More serious cases are sent to the federal court system for prosecution, sentencing, and incarceration. The Cherokee Nation operates a detention and holding center for short-term ...Show more

Summary

The Cherokee people were one of the first Native Tribes to acquire a written language and as such they have also been progressive in their approach towards government and the system of justice. Since the early 19th century, the Cherokee have had a constitution, Supreme Court, and a system of government based on European ideas…
Author : josiah21
Cherokee Indian Nation essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Cherokee Indian Nation"
with a personal 20% discount.
Grab the best paper

Related Essays

Indians and Indian Policy
Native Indians stories and issues have been articulated by many people but it was when it was told by native Indians that these stories gained recognition and validity. This essay will look into the thoughts of Vince Deloria, a Standing Rock Sioux and Wilma Mankiller who were respectable American Indian leaders.
4 pages (1000 words) Essay
An Analysis of Robert V. Remini's Andrew Jackson Versus the Cherokee Nation
The obsession that Andrew Jackson had with the Indian Removal Act somehow stemmed from the fact that the Cherokees themselves were equally relentless in their pursuit for independence. For the Cherokees, “independence” did not mean becoming a separate nation from America but simply a geographical area exempt from the laws of the state of Georgia and those of the federal government (Remini 48).
3 pages (750 words) Essay
Cherokee removal
These people are settled to the Indian Territory situation in Western United States that is now known as Oklahoma. During this force relocation massive deaths of people occurred and according to estimates around 4000 Cherokees were met to death in this harsh move (Perdue and Green, p121).
3 pages (750 words) Essay
Compare and contrast the different respects in which Freemen were treated during Reconstruction by the Cherokee Nation and how t
These people originated for continental Africa and came into the Cherokee nation, mainly as slaves, working for the Cherokees. These individuals became citizens of the Cherokee nation through being offered citizenship (Miller and Purvis). Though the Cherokee nation offered them citizenship in the 19th century, their treatment as slaves never changed during that period.
4 pages (1000 words) Essay
European Cultural Adoption of the Cherokee Indians in the Eighteenth and Nineteenth Century
One of the most talked about and studied groups of Native Americans are the Cherokee Indians, a group of native occupants of the American continent. Historians believe that the Cherokee Indians occupied the southeast part of America ling before the forces of civilization and the American colonization took center stage.
8 pages (2000 words) Essay
European Cultural Adoption of the Cherokee Indians
Native American history constitutes a large portion of the American history as studied by different students across the United States and beyond the American continent. Several Native Americans tribes had lived in continental America for centuries; was before the first Europeans first arrived there.
16 pages (4000 words) Essay
Compare the LandAllotment Strategy used with the Choctaws with the Treaty Strategy that was applied to the Cherokee. What are the key differences between both
This essay will discuss both strategies, how they overlapped or differed, and how they resulted in different outcomes for the respective tribes. As an initial matter, the passage of the Indian Removal Bill on May 26, 1830 established a legal mandate to extinguish the title to Indian lands and remove them west of the Mississippi River (Perdue & Green, 1995).
3 pages (750 words) Essay
Essay I: Editorials on Cherokee Removal
Greed of revenge, paternalism as well as fear contributed greatly as projected factors leading to removal. Dissenting arguments as well as divergent opinions both from United States and amongst Cherokee
3 pages (750 words) Essay
Response Paper (The American Revoltion in Indian Country
ies to have the real perspective of exploring more on how the revolution changed the course and transformed into the war between Indians fighting for their own struggle to gain independence. Looking at the records from the Spanish, British, Americans and Canadians, Colin
2 pages (500 words) Essay
Jackson and The Cherokee ( The Trail of Tears )
His kindness made him donate his dry land for the American people to rest their weary feet. At that period, the Indian was the lord while the white man was the suppliant. However, look at the situation now. The once strong red man has
1 pages (250 words) Essay
Get a custom paper written
by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT
Comments (0)
Rate this paper:
Thank you! Your comment has been sent and will be posted after moderation