•  
  •  
 

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. In carrying 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, the Supreme Court of the Navajo Nation 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.

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.