25 U.S.C. § 1311 — Model code
submitted 58 years ago by Pub. L. 90-284 to r/title-25-INDIANS · 194 words · no verdicts yet
The Secretary of the Interior must recommend a model code for administering justice in courts of Indian offenses. The code must address constitutional rights, notice of rights, judge qualifications, and judge training, after consultation with Indians, tribes, and interested Federal agencies.
The Secretary* of the Interior is authorized and directed to recommend to Congress, by July 1, 1968, a model code governing the administration of justice by courts of Indian offenses on Indian reservations. The code must include provisions that: (1) ensure a person tried by such a court has the same rights, privileges, and immunities under the U.S. Constitution that a U.S. citizen would have in a Federal court trial for a similar offense; (2) ensure the person is told about and made aware of rights under the U.S. Constitution and any applicable tribal constitution; (3) set proper qualifications for a judge of the court of Indian offenses; and (4) establish educational classes to train those judges. In carrying out this subchapter, the Secretary must consult with Indians, Indian tribes, and interested U.S. agencies.
The Secretary* of the Interior is authorized and directed to recommend to the Congress, on or before July 1, 1968, a model code to govern the administration of justice by courts of Indian offenses on Indian reservations. Such code shall include provisions which will (1) assure that any individual being tried for an offense by a court of Indian offenses shall have the same rights, privileges, and immunities under the United States Constitution as would be guaranteed any citizen of the United States being tried in a Federal court for any similar offense, (2) assure that any individual being tried for an offense by a court of Indian offenses will be advised and made aware of his rights under the United States Constitution, and under any tribal constitution applicable to such individual, (3) establish proper qualifications for the office of judge of the court of Indian offenses, and (4) provide for the establishing of educational classes for the training of judges of courts of Indian offenses. In carrying out the provisions of this subchapter, the Secretary of the Interior shall consult with the Indians, Indian tribes, and interested agencies of the United States.
Source credit: (Pub. L. 90–284, title III, § 301, Apr. 11, 1968, 82 Stat. 78.)
- 1968Enacted · Pub. L. 90-284 · 82 Stat. 78
A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-284 on 1968-04-11.
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