Criminal Jurisdiction in Indian Country Essay - 1372 Words

Criminal Jurisdiction in Indian Country Tribal nations enjoy a unique legal position in the United States attributable to their sovereign status with built in powers of self-government. They also enjoy a special relationship with the federal government. In turn, this status and relationship has consequences for tribes and their members; for the states and their citizens; and the federal government. This paper will explore the significance of tribal sovereignty, the tribal-federal trust relationship, and their impact on criminal jurisdiction in Indian Country. It will also identify the division of criminal jurisdiction between the tribes, the federal government, and the states, which flows from this unique status and relationship. I will†¦show more content†¦Despite this special government-to-government relationship, deeply rooted in the history of the United States and its treatment of Indian nations, federal policies for dealing with Indian nations have not always been fait hful to this trust responsibility. Federal policy has varied radically from a policy of annihilation, to assimilation, to termination, to self-determination. Each has been influenced by the political and social climate of the era originating to the policy. So, for example, when gold fever spurred non-Indians to invade Indian Country to extract this precious metal, federal legislation removed this land from the Indian Country, resulting in broken treaty promises and removal of tribes from place to place. The trust relationship and federal supervisory authority over Indian nations rests upon Congress plenary power over Indian affairs. Congress plenary power over Indian affairs is the second factor, which contributes to the tangled pattern of criminal jurisdiction in Indian Country. Plenary means full and complete and not limited in any respect. According to U.S. Supreme Court decisions, the source of Congress vast power over Indian nations comes from several constitutional powers. The se include the Constitutional powers of making war, making treaties, and the Indian Commerce Clause, which has been relied on as the principle source of Congress plenary power over IndianShow MoreRelatedTribal Criminal Jurisdiction 1124 Words   |  4 Pagessalvation. As time went on and European and eventually American influence spread across the country, Tribes began to feel their sovereignty threatned as they could no longer deal with wrongdoers on their land the same way they did in the past. The Federal Government began intrude onto Indian Land. In 1817 the U.S passed the General Crimes Act1, whcih gave the Federal Government jurisdiction in Indian Country when a crime was commited if either the victim or derfendent was a non-Native. Then, in 1885Read MoreThe Powers Of The Legislative Branch1231 Words   |  5 Pagesbusiness of different kinds between foreign countries, different states, and Indian tribes. Any kind of commerce that exists in a state is controlled by that state and is called intrastate commerce. Interstate commerce is commerce between citizens of different states. Commerce with foreign nations is trade relationships between American citizens and citizens of foreign countries. Commerce with Indian tribe occurs between the Uni tes States and American Indians. This clause was created to eliminate competitivenessRead MorePhilosophy / Vision Of Leadership1501 Words   |  7 Pagesproblems; which will take years and many votes, marches to resolve the issue at hand. However, it will be given the attention to be recognized. The Federal government recognizes 567 tribes, 229 Alaskan Native villages and through this the Bureau of Indian Affairs is the federal agency that is in charge of relations with indigenous communities. Although each Tribal Nation is recognized as a nation unto itself, sovereign, self-determining, self-governing that maintains the government to government relationshipRead MoreSupreme Court Standing On Section 497 Of Ipc. This Part1374 Words   |  6 PagesState of Bombay and Husseinbhoy Laljee The first important discussion regarding the constitutional validity of the section was held in the case of Yusuf Abdul Aziz v The State of Bombay and Husseinbhoy Laljee In this case, Section 497 of the Indian Penal Code was challenged to be ultra vires the Article 14 and 15 of the Constitution of India. The Supreme Court held that Article 14 a general provision and should be read in accordance with the other provisions that are exception to fundamentalRead MoreNative American Cultures And Societies1367 Words   |  6 PagesNumerous historical agencies were prevalent within the societies of the indigenous people of the Americas. History was rewritten, therefore somethings have been erased, while others have been mythologized (Class notes, 10/5/2017). In Facing East from Indian Country, Daniel Richter states â€Å"It is much easier to reconstruct the abstract forces that constrained the seventeenth-century Native world than it is to recover the personal experiences of the peo ple†¦Ã¢â‚¬  (Richter, 69) He goes on to explain that the storyRead MoreHigh Court At The Head Of Judiciary Of The State1359 Words   |  6 Pagesthe head of judiciary of the State. High courts are established under Part VI, Chapter V, Article 214 of the Indian Constitution. These courts have jurisdiction over a state, a union territory or a group of states and union territories. At present there are 24 High Courts in India. It enjoys civil as well as criminal, ordinary as well as extraordinary and general as well as special jurisdiction. Composition and Appointment of Judges Judges in a High Court are appointed by the President of India in consultationRead MoreThe Round House By Louise Erdrich1352 Words   |  6 Pagesâ€Å"America s one of the finest countries anyone ever stole† is a quote from Bobcat Goldthwait. He is an American actor, comedian, and screenwriter that refers to Christopher Columbus as the thief. Following in the European settlers footsteps, Americans had no respect for the Indians’ homes or the people themselves. Similar to Columbus and his successors, the United States government has taken Native Americans’ land. The unfairness of this injustice led to the erosion of Indians’ rights, which has ultimatelyRead MoreThe Decline Of Colonial India1699 Words   |  7 Pagesthe laws and jurisdiction of European colonialism for nearly 200 years. Starting from laws, the European jurisdiction was able to show off power through conquest and trade. A lot has happened since the arrival of the British in the global south, with the birth of the East India Company which led to the epidemic famine of 1770. Which caused an economic burst as well as rapid population decline. Due to laws and rules of the East India Company, The famine, in which only the jurisdiction benefited, resultedRead MoreJudicial Administration of British India Uptill 17905497 Words   |  22 PagesINTRODUCTION:- History comprises of the growth, evolution and development of the legal system in the country and sets forth the historical process whereby a legal system has come to be what it is over time. The legal system of a country at a given time is not the creation of one man or of one day but is the cumulative fruit of the endeavor, experience, thoughtful planning and patient labour of a large number of people through generations. With the coming of the British to India, the legal systemRead MoreAssessment of the Native American Experience from 1925-1975 Essay525 Words   |  3 Pagesthe stage for future cultural restraint on the Indians. However, they continued to fight for equality. All through this time period, the experience of the Native American culture has been a struggle for equality in their homeland. A major struggle for the Native population was that of land. This is a primary issue for several reasons. First of all, the Europeans invaded their land in the 16th century and though not officially, the Indians were essentially â€Å"kicked out† of all settled areas

Fred Hollows Significance in Promoting Change for...

Introduction Good morning/ afternoon, My name is Mary Doe and it is an honour to represent the Queensland Youth Parliament during reconciliation week. This presentation will focus on Fred Hollows significance in promoting change for Indigenous Australia. As you may well know Fred Hollows was an able advocate for Indigenous health and focused much of his life on ending curable blindness among numerous Indigenous communities. Paragraph 1- Who is Fred Hollows and what were his main achievements. Fred Hollows was born in New Zealand in 1929. He was not only a terrific ophthalmologist but also a skilled surgeon and social justice activist, as he believed everyone was equal due to his respectful and non- judgemental family upbringing. Initially Fred wanted to work in the church but later changed his mind to medicine after working in a mental health hospital. At the age of 22, he started Medical school at the University of Otago and then in 1965 to continue his ophthalmologic work. Paragraph 2- Career beginnings Fred started his medical career by attending the University of Otago Medical School in 1951, at the age of 22. Fred held many different positions in his early career including being a medical intern, a house surgeon and a clinician before specialising in Ophthalmology. After qualifying as an ophthalmologist Fred worked all around New Zealand including Wellington Hospital, which was the biggest in the country. After he moved to Australia in 1965, in the late 1960’s toShow MoreRelatedOrganisational Theory230255 Words   |  922 Pagesorganizations Unpredictable behaviour Informal control: organizational misbehaviour? Complexity and the problem of implementation Three types of formal control Bureaucratic control Output control Cultural control The new wave in action: managing cultural change A theoretical explanation of a possible shift in control: A new historical configuration? An alternative theoretical explanation: movements in managerial discourse? The theoretical origins o f new-wave theory Conclusions 148 148 150 152 152 153

Bad Coaching Free Essays

Bad Coaching Bad coaching is a generalized term used for several effects that are considered depraved decisions made by any coach on and off the field. Such decisions can result in players having a lack of respect for the coach, game losses, the coach being fired, and a tainted reputation of coaching. Coaching is only difficult to those who are not willing to sacrifice the time and energy that goes into being a suitable coach. We will write a custom essay sample on Bad Coaching or any similar topic only for you Order Now Coaching is not an average job. It is easier to be an unfitting coach then a decent coach. Lack of respect comes from the coach not initiating the correct form of relationship between the player and coach. It’s not inappropriate to develop a friendship with the players on the team as well, but the coach must set the boundaries between the two relationships. If not, the player or players will not respect the coach and nor take responsibility to see the vision of creating a successful team. The players will do as they see fit, disregarding what the coach says what needs to get done. Creating a proper bond with boundaries is a must in gaining the respect of the players. Game losses originate from the coach not having control over the players and being incapable of keeping them focus on the main goal. With the players unable to focus, they will most likely get into altercations with other players of the opposing team and even with their own. Game losses are not something to boast about. Enabling the players to focus will minimize the number of losses in a season. The last results of bad coaching are being fired and have a tainted reputation of coaching. These results seemingly come from the showing of no control over the players and most importantly to some organizations losing records. Being fired is very embarrassing, as being terminated from any job. After being fired, it damages the reputation of the coach. For the coach, it will be more difficult to obtain another job. Reputation is everything in search for a coaching job. Being fired and having the reputation of a bad coach will make it nearly impossible to recover from. In conclusion, Coaching is not a hard job. Coaching is only hard to those who are not willing to put in the long hours and patients to making the job easy. Be sure not to make any mistakes as so many coaches have done in the past. The lives can be altered if not done properly. How to cite Bad Coaching, Essay examples

Problem Solving of Behavioral Change of A Student

Question: Discuss about theProblem Solving of Behavioral Change of A Student. Answer: Behavior Change A Description of Scenario 3 Regarding the Themes. Intelligence demonstrated by the excellent results displayed by Brook in both class 7 and 8. He also exhibits good cognitive development through his ability to solve problems and decision making in any person (Rogoff, 1990). The theme of good memory is evident in the excellent results that he portrays all through class 7 and 8. Questions in class seven and eight most often do test the memory and in some instances intelligence (Alloway, 2010). The fact that he was a helpful student in class 7 shows that initially displays a theme of social and well-being. For him to be helpful, he must have interacted with those he was helping hence the aspect of socialization. And the fact that he was helpful to show that he cared about other peoples welfare regarding dignity, emotional, mental and physicals aspects. In class 8 we are told that Brook has become rude. There is an aspect of negative moral development. Initially, Brook did uphold the moral values and would care about other peoples feeling and would rather help maintain a healthy atmosphere. But the fact that in class eight he has been rude violates the moral values he had. Rudeness is not whatsoever associate with a good atmosphere. In fact, it presents a situation that mental and emotional distress to those that he addresses rudely. The rebellious act he presents in class eight shows a theme of negative influence from family, peer, media, and schooling. Media may have contributed to this behavior through misleading shows and programs (Slater, 1999). Parents may have come in very handy in case they dont agree on anything (Kazdin, Esveldt-Dawson, French, Unis, 1987). Where the family, in fact, dont make a joint decision through consultations. And the other party feels that his or her role and presence in the house is being ignored and to remind the husband or the wife of his or her presence and the need for a joint decision-making they rebel on every decision the other half does make. He would want to remove this steaming pressure inside him, and one of the available ways is through being rebellious to her teachers and fellow students (Abbey, Abramis, Caplan, 1985). His unruly behavior may have also been causing by his peers. Class eight is an adolescent age and is said to be so sensitive as they always want rec ognition', or they want a position' in the society (Spear, 2000). By observing his peers behavior and through some misleading advice,' he would change and become rebellious. Schooling forms a significant part in this as it is in schools that he finds his age group who influenced him to be rebellious. A situation of finding a positon and recognition in the school that he attends acts as a driving force to this (Brown, Clasen, Eicher, 1986). My Response as a Teacher that is Informed by the Themes. My informed response will heavily rely on five areas; creation of Brook's confidence me, seeking information, problem-solving, encouragement and evaluating the results. Problem-solving entails all the processes of finding the core reasons of a problem and working towards reaching a solution (Bandura, 1977). Creation of Brooks confidence in me As a concerned teacher, my first step in problem solving will be to sit down with Brook and engage him in a conversation. I will start the rapport by informing him how an excellent student he is in academics. This in itself will act as a pace starter for the conversation to make him feel at home with me. Given his good grades and report, I will encourage him to continue with that very spirit of academic excellence. By so doing he will feel delighted and more willing to open up to me compare (Barlow, Hersen, Barlow, Nock, Hersen, 2009). Seeking of Information The next step will be the introduction of the concerns that I have seen. I will inform him of the changes that I have seen in him. Remind him of how he displayed the value of Social and emotional well-being by helping others when he was in class seven. Then next I would inform him of his behavioral drift, from good to bad in that he recently has become rude and rebellious (Meichenbaum, 1977). Actual Problem-Solving In this stage I would incorporate five-stage model that would efficiently solve Brooks problem and would probably change his recent behavior for a better one; Understand the Problem Here I would let the student tell me what he thinks has been the cause of this change of behavior. I would do this by encouraging the student to describe the nature of the problems in his words. I will make the student understand the nature of the problems he has recently shown and how they may change him forever and even alter their goals (D'Zurilla, Goldfried, 1971). Describe any Barriers In this section, I will introduce a few examples of barriers that his new behavior can create for him, for example, a bad recommendation letter from the principle, poor relationship with colleagues and managers in areas of work, loss of the job as a result of excessive rebellions and others. I will encourage the Brook to verbalize these impediments as it is a major step if a change in behavior is ever going to be realized (Getzels, Jackson, 1962). Identification of Various Solutions After Brook has fully internalized the nature and parameters of being rude and rebellious, I will let him suggest a solution, or I could even present a couple of relevant to the problem and let him choose what he feels comfortable and efficient to him. By availing the different problem-solving technique am letting Brook know that his rudeness and rebellious behavior can be solved through various methods and that no single strategy will fully work in addressing these two. Try out a Solution When working out through an approach or combine strategy, I would encourage Brook to keep an accurate and up to date record of his decisions, thoughts, and procedure as it is an important part of problem-solving. I would also encourage him to work through a selected strategy until it is clear that they are working and that he has changed. It may need to be modified in case it yields an unexpected result. I would also encourage him to monitor the steps he undertakes as part of the solution. I would do this by telling him not to rush through the selected strategies to achieve the best behavior in him but move carefully and frequently monitor their progress. I would also encourage him to put a problem aside in case it is too difficult to handle and process and then came to it later. Like in the event in the event of rudeness is giving him to much trouble and has an effect on resolving both problems he should first deal with rebelliousness and when he is clean of it then focus on rudenes s. Evaluation of the Results Here I will encourage Brook and also take part in an assessment of his behavioral results. This will be through the multiple opportunities to assess his behavioral change as a situation to be rude or rebellious present itself. This process involves risk taking, independence, and self-assurance. This last stage will give Brook a clear image whether he is making progress of not (Hayes, Strosahl, Wilson, 1999). References Abbey, A., Abramis, D. J., Caplan, R. D. (1985). Effects of different sources of social support and social conflict on emotional well-being. Basic and Applied Social Psychology, 6(2), 111-129. Alloway, T. P. (2010). Improving working memory: Supporting students' learning. Sage. Bandura, A. (1977). Self-efficacy: toward a unifying theory of behavioral change. Psychological review, 84(2), 191. Barlow, D. H. N., Hersen, M., Barlow, M. D., Nock, M., Hersen, M. (2009). Single case experimental designs: Strategies for studying behavior for change (No. Sirsi) i9780205474554). Brown, B. B., Clasen, D. R., Eicher, S. A. (1986). Perceptions of peer pressure, peer conformity dispositions, and self-reported behavior among adolescents. Developmental Psychology, 22(4), 521. D'Zurilla, T. J., Goldfried, M. R. (1971). Problem-solving and behavior modification. Journal of abnormal psychology, 78(1), 107. Getzels, J. W., Jackson, P. W. (1962). Creativity and intelligence: Explorations with gifted students. Hayes, S. C., Strosahl, K. D., Wilson, K. G. (1999). Acceptance and commitment therapy: An experiential approach to behavior change. Guilford Press. Kazdin, A. E., Esveldt-Dawson, K., French, N. H., Unis, A. S. (1987). Effects of Parent Management Training and Problem solving Skills Training Combined in the Treatment of Antisocial Child Behavior. Journal of the American Academy of Child Adolescent Psychiatry, 26(3), 416-424. Meichenbaum, D. (1977). Cognitive behavior modification. Cognitive Behaviour Therapy, 6(4), 185-192. Rogoff, B. (1990). Apprenticeship in thinking: Cognitive development in social context. Oxford University Press. Slater, M. D. (1999). Integrating application of media effects, persuasion, and behavior change theories to communication campaigns: A stages-of-change framework. Health Communication, 11(4), 335-354. Spear, L. P. (2000). The adolescent brain and age-related behavioral manifestations. Neuroscience Biobehavioral Reviews, 24(4), 417-463.