Uncounseled Tribal Court Guilty Pleas in State and Federal Courts: Individual Rights versus Tribal Self-Governance

Indian tribes in the United States are separate sovereigns with inherent self-governing authority. As a result, the Bill of Rights does not directly bind the tribes, and criminal defendants in tribal courts do not enjoy the protection of the Sixth Amendment right to counsel. In United States v. Ant, a defendant - without the legal assistance that a state or federal court would have provided - pled guilty to criminal charges in tribal court. Subsequently, the defendant faced federal charges arising out of the same events that led to the tribal prosecution. The Ninth Circuit in Ant barred the federal prosecutor from using the defendant\u27s prior uncounseled tribal court guilty plea as evidence in the federal proceeding, explaining that doing so would violate the Sixth Amendment. This Note argues that Ant is no longer good law. First, Ant\u27s legal foundation is weak, especially in light of subsequent developments in Sixth Amendment jurisprudence. Second, Ant is poor policy because excluding tribal court guilty pleas from state and federal proceedings undermines tribal self-governance. Even though governments must protect the rights of individual criminal defendants, supporting tribal authority will ultimately lead to decreased violence on Indian land and increased consistency with federal legislation

Uncounseled Tribal Court Guilty Pleas in State and Federal Courts: Individual Rights versus Tribal Self-Governance

Indian tribes in the United States are separate sovereigns with inherent self-governing authority. As a result, the Bill of Rights does not directly bind the tribes, and criminal defendants in tribal courts do not enjoy the protection of the Sixth Amendment right to counsel. In United States v. Ant, a defendant - without the legal assistance that a state or federal court would have provided - pled guilty to criminal charges in tribal court. Subsequently, the defendant faced federal charges arising out of the same events that led to the tribal prosecution. The Ninth Circuit in Ant barred the federal prosecutor from using the defendant\u27s prior uncounseled tribal court guilty plea as evidence in the federal proceeding, explaining that doing so would violate the Sixth Amendment. This Note argues that Ant is no longer good law. First, Ant\u27s legal foundation is weak, especially in light of subsequent developments in Sixth Amendment jurisprudence. Second, Ant is poor policy because excluding tribal court guilty pleas from state and federal proceedings undermines tribal self-governance. Even though governments must protect the rights of individual criminal defendants, supporting tribal authority will ultimately lead to decreased violence on Indian land and increased consistency with federal legislation

Women's perceptions of their right to choose the place of childbirth: a qualitative study

OBJECTIVE: To explore Greek Cypriot women's perceptions of their right to choose the place of childbirth. DESIGN: This study is qualitative and is based on Husserl's phenomenological approach. The field work extended over a 6-month period in 2010–2011. SETTING: In all cities of the Republic of Cyprus. PARTICIPANTS: Purposive sample of 55 women within 1 year after birth. Forty-eight women were recruited for semistructured interviews and six of them took place in first focus group. The second group consisted of seven women that did not participate in interviews. RESULTS: Women's perceptions were categorized into four themes: (a) informed choice for birth place, (b) trusting relationship with health professionals, (c) medicalization of childbirth, and (d) safety of the mother and baby. CONCLUSIONS: There is no equity and accessibility in Cyprus maternity care system because it does not provide correct information and accessibility to all birthplace choices. This study demonstrated the need to explore women's views before formulating policy for maternity care. These views will be helpful for the creation of an innovative evidence-based maternity care policy, taking into account women's needs, and will be helpful to raise awareness among health professionals for maternity care improvement. IMPLICATIONS FOR PRACTICE: Ensuring the right for birthplace choices is a social and political necessity that enhances the existing health care systems and health professionals to provide quality and holistic maternity care. Conducting more studies on maternity care in Cyprus will reinforce the aim for improving the health of the women, neonates, and society