Indian Civil Rights Act of 1968 (25 U.S.C. §§ 1301-03)
§ 1301. Definitions
For purposes of this subchapter, the term -
- ''Indian tribe'' means any tribe, band, or other group of Indians subject
to the jurisdiction of the United States and recognized as possessing powers of
self-government;
- ''powers of self-government'' means and includes all governmental powers
possessed by an Indian tribe, executive, legislative, and judicial, and all
offices, bodies, and tribunals by and through which they are executed, including
courts of Indian offenses; and means the inherent power of Indian tribes, hereby
recognized and affirmed, to exercise criminal jurisdiction over all Indians;
- ''Indian court'' means any Indian tribal court or court of Indian
offense.
§ 1302. Constitutional rights
No Indian tribe in exercising powers of self-government shall -
- make or enforce any law prohibiting the free exercise of religion, or
abridging the freedom of speech, or of the press, or the right of the people
peaceably to assemble and to petition for a redress of grievances;
- violate the right of the people to be secure in their persons, houses,
papers, and effects against unreasonable search and seizures, nor issue
warrants, but upon probable cause, supported by oath or affirmation, and
particularly describing the place to be searched and the person or thing to be
seized;
- subject any person for the same offense to be twice put in jeopardy;
- compel any person in any criminal case to be a witness against himself;
- take any private property for a public use without just compensation;
- deny to any person in a criminal proceeding the right to a speedy and
public trial, to be informed of the nature and cause of the accusation, to be
confronted with the witnesses against him, to have compulsory process for
obtaining witnesses in his favor, and at his own expense to have the assistance
of counsel for his defense;
- require excessive bail, impose excessive fines, inflict cruel and unusual
punishments, and in no event impose for conviction of any one offense any
penalty or punishment greater than imprisonment for a term of one year and [1] a
fine of $5,000, or both;
- deny to any person within its jurisdiction the equal protection of its
laws or deprive any person of liberty or property without due process of law;
- pass any bill of attainder or ex post facto law; or
- deny to any person accused of an offense punishable by imprisonment the
right, upon request, to a trial by jury of not less than six persons.
§ 1303. Habeas corpus
The privilege of the writ of habeas corpus shall be available to any person,
in a court of the United States, to test the legality of his detention by order
of an Indian tribe.
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