JURISDICTION OVER VICTIMLESS CRIMES THAT ARE COMMITTED ON NATIVE AMERICAN RESERVATIONS

When a criminal offense is committed on a Native American reservation, jurisdiction over the offense will depend upon whether the victim of the offense is a Native American or a non-Native American. If the victim of the offense is a Native American, either the federal government or a tribal court will generally assume jurisdiction over the offense. If the victim of the offense is a non-Native American, the state in which the reservation is located will generally assume jurisdiction over the offense.

FEDERAL HABEAS CORPUS PETITIONS

A state prisoner who is seeking federal habeas corpus relief must file a petition in a federal court. The petition does not need to be filed by the prisoner himself or herself. An attorney or a "next friend" of the prisoner may file the petition on behalf of the prisoner.

Violations of the Federal Controlled Substance Act

The Drug Abuse Prevention and Control Act gives the government the authority to supervise the manufacture and distribution of controlled substances. The Federal Controlled Substance Act (Substance Act) is a subdivision of the Drug Abuse Prevention and Control Act.

Alternate Discovery Methods for a Defendant

A defendant is entitled to conduct discovery prior to his criminal trial. There are numerous alternative methods in which the defendant may conduct discovery in order to obtain information prior to his trial.

Confessions - Fifth Amendment Right to Counsel

The United States Supreme Court held in 1966 in the case of Miranda v. Arizona that a person has a right to an attorney during questioning by the police. The basis for this right is the privilege against self-incrimination under the Fifth Amendment of the United States Constitution.