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Is The Court Of Indian Offenses Of Ute Mountain Ute Agency A Federal Agency For Purposes Of The Fifth Amendment’S Double Jeopardy Clause?, Barbara L. Creel

Faculty Scholarship

This case, which examines the application of the U.S. Constitution’s Double Jeopardy Clause, sits within the intersection of tribal courts, federal Indian law, and federal criminal law and jurisdiction. Essentially, the question is whether a Native American Indian can be punished twice for the same conduct—first in tribal court and a second time in federal court.