Reassessing Concurrent Tribal-State-Federal Criminal Jurisdiction in Kansas

42 Pages Posted: 26 Sep 2014

See all articles by John J. Francis

John J. Francis

Washburn University - School of Law

Stacy L. Leeds

University of Arkansas - School of Law

Aliza Organick

University of New Mexico - School of Law

Jelani Jefferson Exum

University of Toledo College of Law

Date Written: 2011

Abstract

This Article questions the continued viability of the Kansas Act federal legislation, which extended Indian country criminal jurisdiction to the state of Kansas, while leaving unimpaired preexisting tribal and federal jurisdiction over the same offenses. This Article concludes with recommendations for legislative reform and the consideration of intergovernmental agreements with an eye toward providing a solution that respects modern policies of tribal self-determination, protects the financial resources and judicial economy of state and tribal courts, and protects the rights of defendants who may be subject to multiple prosecutions for the same offense.

Keywords: Kansas, Federal Indian law

Suggested Citation

Francis, John J. and Leeds, Stacy L. and Organick, Aliza and Exum, Jelani, Reassessing Concurrent Tribal-State-Federal Criminal Jurisdiction in Kansas (2011). Kansas Law Review, Vol. 59, No. 5, 2011; University of Arkansas Research Paper No. 14-32. Available at SSRN: https://ssrn.com/abstract=2499852

John J. Francis

Washburn University - School of Law ( email )

1700 College Avenue
Topeka, KS 66621
United States

Stacy L. Leeds

University of Arkansas - School of Law ( email )

260 Waterman Hall
Fayetteville, AR 72701
United States

Aliza Organick (Contact Author)

University of New Mexico - School of Law ( email )

1117 Stanford, N.E.
Albuquerque, NM 87131
United States

Jelani Exum

University of Toledo College of Law ( email )

2801 W. Bancroft Street
Toledo, OH 43606
United States

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