Abstract

http://ssrn.com/abstract=2323841
 


 



Criminal Justice in Indian Country


M. Alexander Pearl


Texas Tech University School of Law

September 10, 2013

American Indian Law Review, vol. 38, No. 2, 2014
Florida International University Legal Studies Research Paper No. 13-23

Abstract:     
This Article examines the role played by different enacted legislation on California’s Indian tribes criminal justice system. For centuries, tribal governments were the only entities with criminal jurisdiction in Indian Country. In 1883, the Supreme Court in Ex parte Kan-Gi-Shun-Ka (Ex parte Crow Dog) confirmed that a crime committed by an Indian against another Indian did not give rise to federal jurisdiction. In response, Congress passed the Major Crimes Act, granting federal authorities the power to investigate, enforce, and prosecute certain crimes occurring in Indian Country. The federal statutes creating federal jurisdiction did not preclude tribal jurisdiction, but states lacked jurisdictional authority. This all changed in 1953 with the enactment of Public Law 280. Affecting only five mandatory states, including California, Public Law 280 precluded federal jurisdiction and conferred jurisdictional authority on the state government to enforce and prosecute crimes occurring in Indian Country, thereby flipping the general rules regarding criminal jurisdiction. In 2010, Congress amended Public Law 280. In the Tribal Law and Order Act of 2010 (“TLOA”), Congress allowed Indian tribes located in mandatory Public Law 280 states to request the Department of Justice to re-assert criminal jurisdiction. However, there is much more to Public Law 280 and its long-running consequences in California than the simple question of which government has the authority to enforce and prosecute crimes.

Number of Pages in PDF File: 7

Keywords: Indian Law, American Indian Law, Federal Indian Law, Public Law 280, California, Indian Country, Tribal Law and Order Act of 2010 (TLOA), criminal jurisdiction, Heeding Frickey, criminal justice, Indian tribes, Violence Against Women Act (VAWA)

Accepted Paper Series





Download This Paper

Date posted: September 14, 2013  

Suggested Citation

Pearl, M. Alexander, Criminal Justice in Indian Country (September 10, 2013). American Indian Law Review, vol. 38, No. 2, 2014; Florida International University Legal Studies Research Paper No. 13-23. Available at SSRN: http://ssrn.com/abstract=2323841

Contact Information

M. Alexander Pearl (Contact Author)
Texas Tech University School of Law ( email )
1802 Hartford
Lubbock, TX 79409
United States
(806) 834-6865 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 291
Downloads: 27

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.266 seconds