preview

Differences Between UCMJ Law And Tribal Law

Decent Essays
Emilio Vasquez Log 3 All the rules created in our lives have risen from ethical and moral beliefs set up in our individual cultures. These norms have been separated into two distinct categories appropriate and inappropriate behavior, and they are placed into these categories by societies accepted standards. Grana also talks about three types of bad behavior: criminal (criminal courts/public wrong), tort (civil courts/private wrongs), and ethical (No court/violations of moral or religious codes). The laws that deal with these issues besides the constitution which I didn’t know about are UCMJ law and tribal law. These two were created for specific situations. He also spent time talking about the differences between civil and criminal…show more content…
It took our legal system a long time to move towards a stricter interpretation of statuary law. At first, it did not have to be written in law that a behavior was wrong as long because back then our legal system just looked at if it caused to society like in the case of Ohio vs. Lafferty. Today the supreme court has decided it must be written in statutory law to fall under a crime or interpreted through a case law. The law must be written out clearly on what an individual must do to break the law and to prevent any misunderstanding “the void for vagueness doctrine” and “overbreadth doctrine” were created to combat any vague laws. The State vs. Metzger case determined that it was unconstitutional to prosecute Metzger for eating his cereal naked because determining what is unlawful is very subjective. The Nebraska law does not specify what is considered to be unlawful behavior and prosecuting him would have been unconstitutional. Insanity and the insanity defense The insanity defense has stirred up a lot of debate and disagreements on the legal world. Even though it is only used in 1 to 2 percent of all cases, it still brings up a lot of debate. The majority of the time it is only used in serious felony cases like murder. Rex…show more content…
Their system is mixed with their very own social norms, ideas and culture. Family ties play a significant role in this scheme. Tribal law, for the most part, deals with public policy issues such as natural resources(Water, mineral rights, and wildlife managements ) and taking control of sacred land from the United States. Tribal elders deal with the serious issues to maintain order. Reconciliation and working together is major difference found in the tribal system as we saw in the Spotted-tail murder case. Chief leader crow dog had to pay spotted tails family cash, horses, and a blanket. That was the end of it, and nobody outside the tribe got involved. There is no hierarchical bureaucracy and community involvement at all in our very own system. Racism and US interests constantly were interfering with their lives well through the 19th century. Many Native Americans were put in difficult situations by being forced to cooperate with whites having to betray their tribal
Get Access