Criminal Jurisdiction in Indian Country

Pevar, Stephen L.

doi:10.1093/oso/9780190077556.003.0007

The Rights of Indians and Tribes (5th edn)

Stephen L. Pevar

https://doi.org/10.1093/oso/9780190077556.001.0001

Published online:

21 March 2024

Published in print:

26 March 2024

Online ISBN:

9780190077594

Print ISBN:

9780190077556

- Copyright Page
  - Notes
  - Notes
- Dedication
  - Notes
  - Notes
- Foreword
  - Notes
  - Notes
- Preface
  - Notes
  - Notes
- Author Bio
  - Notes
  - Notes
- Author’s Note on the word Indian
  - Notes
  - Notes
I A History of Federal Indian Policy
- Notes
- Notes
II Definitions: Indian, Indian Tribe, Indian Country, and Indian Title
- Notes
- Notes
III The Trust Responsibility
- Notes
- Notes
IV Indian Treaties
- Notes
- Notes
V Federal Power over Indian Affairs
- Notes
- Notes
VI Tribal Self-Government
- Notes
- Notes
- What is “criminal jurisdiction”? What is “criminal jurisdiction”?
- What are the five most important principles created or recognized by the Supreme Court regarding criminal jurisdiction in Indian country? What are the five most important principles created or recognized by the Supreme Court regarding criminal jurisdiction in Indian country?
- What are the six most important laws regarding criminal jurisdiction in Indian country? What are the six most important laws regarding criminal jurisdiction in Indian country?
  - 1. The General Crimes Act 1. The General Crimes Act
  - 2. The Major Crimes Act 2. The Major Crimes Act
  - 3. Public Law 83-280 3. Public Law 83-280
- In what ways did P.L. 280 increase state jurisdiction in Indian country? In what ways did P.L. 280 increase state jurisdiction in Indian country?
- May the P.L. 280 states enforce all their prohibitions in Indian country? May the P.L. 280 states enforce all their prohibitions in Indian country?
- What is “partial” P.L. 280 jurisdiction? What is “partial” P.L. 280 jurisdiction?
- What jurisdiction did the optional states acquire under P.L. 280? What jurisdiction did the optional states acquire under P.L. 280?
- Can optional states still acquire jurisdiction under P.L. 280? Can optional states still acquire jurisdiction under P.L. 280?
- Are states able to return to the United States the jurisdiction they acquired under P.L. 280? Are states able to return to the United States the jurisdiction they acquired under P.L. 280?
  - 4. The “Duro Fix” 4. The “Duro Fix”
  - 5. The Tribal Law and Order Act of 2010 5. The Tribal Law and Order Act of 2010
  - 6. The Violence Against Women Act 6. The Violence Against Women Act
- Can Indian tribes detain non-Indian lawbreakers and turn them over to state or federal officials for prosecution? Can Indian tribes detain non-Indian lawbreakers and turn them over to state or federal officials for prosecution?
- A. Crimes Committed by Indians in Indian Country in Non–P.L. 280 States A. Crimes Committed by Indians in Indian Country in Non–P.L. 280 States
  - What jurisdiction does the tribe have over a crime committed by an Indian on the reservation? What jurisdiction does the tribe have over a crime committed by an Indian on the reservation?
  - What jurisdiction does the state have over a reservation crime committed by an Indian? What jurisdiction does the state have over a reservation crime committed by an Indian?
  - What jurisdiction does the federal government have over a reservation crime committed by an Indian? What jurisdiction does the federal government have over a reservation crime committed by an Indian?
    - 1. Federal Jurisdiction over Crimes Committed by Indians against Non-Indians 1. Federal Jurisdiction over Crimes Committed by Indians against Non-Indians
    - 2. Federal Jurisdiction over Crimes Committed by Indians against Indians 2. Federal Jurisdiction over Crimes Committed by Indians against Indians
  - May Indian tribes exercise jurisdiction over the “major” crimes? May Indian tribes exercise jurisdiction over the “major” crimes?
  - If a tribe prosecutes an Indian, may the federal government later prosecute that person for the same offense? If a tribe prosecutes an Indian, may the federal government later prosecute that person for the same offense?
  - The Major Crimes Act uses the term “Indian” without defining it. Is this constitutional? If so, who is an “Indian” for purposes of the MCA? The Major Crimes Act uses the term “Indian” without defining it. Is this constitutional? If so, who is an “Indian” for purposes of the MCA?
  - Is the Major Crimes Act unconstitutional because it results in Indians being treated differently than non-Indians in some situations? Is the Major Crimes Act unconstitutional because it results in Indians being treated differently than non-Indians in some situations?
  - In a jury trial under the Major Crimes Act, is the Indian defendant entitled to a “lesser included offense” instruction? In a jury trial under the Major Crimes Act, is the Indian defendant entitled to a “lesser included offense” instruction?
  - What is the Federal Death Penalty Act and how does it impact Indian tribes? What is the Federal Death Penalty Act and how does it impact Indian tribes?
- B. Crimes Committed by Non-Indians Against Indians in Indian Country in Non–P.L. 280 States B. Crimes Committed by Non-Indians Against Indians in Indian Country in Non–P.L. 280 States
- C. Crimes Committed by Non-Indians Against Non-Indians in Indian Country C. Crimes Committed by Non-Indians Against Non-Indians in Indian Country
- D. Criminal Jurisdiction in P.L. 280 States D. Criminal Jurisdiction in P.L. 280 States
  - Did P.L. 280 abrogate the tribe’s criminal jurisdiction? Did P.L. 280 abrogate the tribe’s criminal jurisdiction?
  - Have any other states received criminal jurisdiction in Indian country besides the P.L. 280 states? Have any other states received criminal jurisdiction in Indian country besides the P.L. 280 states?
- E. Jurisdiction Over Victimless Crimes in Indian Country E. Jurisdiction Over Victimless Crimes in Indian Country
  - What is a “victimless” crime? What is a “victimless” crime?
  - Which government can prosecute an Indian who commits a victimless crime in Indian country? Which government can prosecute an Indian who commits a victimless crime in Indian country?
  - Which government has jurisdiction when a non-Indian commits a victimless crime in Indian country? Which government has jurisdiction when a non-Indian commits a victimless crime in Indian country?
- F. Problems Relating to Extradition F. Problems Relating to Extradition
  - Does the U.S. Constitution’s Extradition Clause apply to tribal governments? Does the U.S. Constitution’s Extradition Clause apply to tribal governments?
- G. Crimes Committed by Indians Off the Reservation G. Crimes Committed by Indians Off the Reservation
  - Which government has jurisdiction over off-reservation crimes committed by Indians? Which government has jurisdiction over off-reservation crimes committed by Indians?
  - Are state officers allowed to enter the reservation and arrest an Indian who has committed a crime in state territory? Are state officers allowed to enter the reservation and arrest an Indian who has committed a crime in state territory?
- Notes Notes
  - Notes
- Notes
- Notes
VIII Civil Jurisdiction in Indian Country
- Notes
- Notes
IX Taxation
- Notes
- Notes
X Indian Hunting and Fishing Rights
- Notes
- Notes
XI Indian Water Rights
- Notes
- Notes
XII Civil Rights of Indians
- Notes
- Notes
XIII The Indian Civil Rights Act
- Notes
- Notes
XIV The Unique Status of Certain Native American Groups
- Notes
- Notes
XV Indian Gaming
- Notes
- Notes
XVI The Indian Child Welfare Act
- Notes
- Notes
XVII Judicial Review
- Notes
- Notes

Chapter

VII Criminal Jurisdiction in Indian Country

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https://doi.org/10.1093/oso/9780190077556.003.0007

Pages

171–210

Published:

March 2024

Abstract

Criminal jurisdiction is the authority a government possesses to create rules of conduct and to punish those who violate the rules. Three governments—federal, state, and tribal—have some degree of criminal jurisdiction on each Indian reservation. Few areas of federal Indian law are as confusing as criminal jurisdiction. Determining which government can exercise jurisdiction over a crime often depends on the nature of the crime, the race of the victim, the race of the perpetrator, and on whether Congress has passed a law conferring jurisdiction to a particular government in this circumstance. This chapter discusses the authority of the tribe, the state, and the federal government to enforce their criminal laws in Indian country.

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Contents

VII Criminal Jurisdiction in Indian Country

Abstract

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Abstract

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