When Tribal Disenrollment Becomes Cruel and Unusual

I. Introduction II. The Eighth Amendment’s Prohibition on Cruel and Unusual Punishment III. The Prohibition on Cruel and Unusual Punishment Applies to Tribes via the Indian Civil Rights Act IV. Tribal Punishment ... A. Historical Methods of Addressing Criminal Conduct ... B. Modern Methods of Addressing Criminal Conduct … 1. Adoption of Western Notions of Criminal Punishment ... 2. The Trend to Disenroll for Conduct V. Tribal Disenrollment is Equivalent to Revocation of Citizenship VI. Conclusion