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Abstract

This case note examines in detail the adoption, and adaptation, of the United States Supreme Court's Miranda decision by the Supreme Court of the Navajo Nation.

The Supreme Court of the Navajo Nation carried out the directive of the Fundamental Laws of the Diné, to make Diné bi beehaz'áanii, or Navajo Common Law, the fundamental basis for its decisions. By doing so, the Supreme Court defined uniquely Navajo rights and procedures governing the custodial interview, holding that the traditional Navajo principle of hazhó'ógo requires truthful, transparent explanations to, and respectful treatment of, persons in police custody.

Mr. Morin's case note goes on to put the Rodriguez opinion into context, demonstrating that the Court's approach fits squarely into both the Court's well-established practice of applying traditional Navajo principles to the resolution of legal disputes and the Court's more recent practice of implementing, wherever appropriate, the directive of the Fundamental Laws of the Diné passed by the Navajo Nation Council in November of 2002.

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