Jim Hanlen,
Native American Justice is much older than our US Constitution.  The methodology used has a very different sequence in that traditionally an individual is given many chances to reform.  Elders & mentors counsel and guide a guilty party towards a more productive path in harmony with the community.  By the time an Elders' Council considers banishment multiple efforts have been made to reform the individual and for one reason or another the efforts had failed.  While the US Constitution prescribes "innocent until proven guilty," most Indigenous Counsels are more like "talk to him, talk to him, talk to him" until it becomes obvious that the talking isn't working. It has worked for over 20,000 years and remember that Native Americans historically have had a much lower crime rate than our USA.