Double Jeopardy Claims
His claim was that his prosecution was invalid because the Indian Civil Rights Act of 1968. It does not guarantee counsel to an indigent criminal defendant. By proving that claim, it does not show that the source of the tribal prosecution was federal power, which is something Lara must do to win his double jeopardy claim. Like the due process claim, Lara’s argument that the phrase “all Indians” in “inherent power … to exercise criminal jurisdiction over all Indians” violates the Equal Protection Clause.
From the era of Chief Justice John Marshall through the time of Justice Thurgood Marshall, the Supreme Court has struggled to define American Indian tribal sovereignty. Tribal sovereignty includes: military, social and economic difficulties.
My research showed that Native Americans had it worse than most people. They were disrespected and treated very poorly in the 1800’s and 1900’s. Even though it is now 2000 and beyond, people’s attitudes towards them have gotten better, but not by