CONSTITUTIONAL LAW - UNEQUAL PROTECTION FOR THE AMERICAN INDIAN UNDER THE MAJOR CRIMES ACT - UNITED STATES V ANTELOPE, 523 F 2D 400 (.TH CIR. 1975), CERT. GRANTED, 96 S CT 1100 (1976)

• NCJ Number: 39592
• Journal: Temple Law Quarterly Volume: 50 Issue: 1 Dated: (1976) Pages: 109-123
• Author(s): C J ROSEN
• Date Published: 1976
• Length: 15 pages
• Corporate Author: Temple University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

ARTICLE EXAMINES RECENT LEGAL DECISIONS AND ACT AFFECTING INDIAN RIGHTS ON THE RESERVATION.

Abstract

THE NINTH CIRCUIT COURT RULING IN UNITED STATES V. ANTELOPE, IF UPHELD BY THE SUPREME COURT, WILL UNDERCUT A LAW THE AUTHOR FEELS IS DISCRIMINATORY TOWARD INDIANS - THE MAJOR CRIMES ACT. THE ACT, ADOPTED IN 1974, SAYS THAT AN INDIAN WHO COMMITS ANY OF 14 DIFFERENT CRIMES AGAINST AN INDIAN OR NON-INDIAN ON A RESERVATION IS SUBJECT TO FEDERAL CRIMINAL JURISDICTION. THE COURT, IN EFFECT, RULED THAT THE LAW IS DISCRIMINATORY BEACAUSE IT ENFORCES UNEQUAL TREATMENT FOR INDIANS, COMPARED TO NON-INDIANS, ACCUSED OF COMMITTING A CRIME ON A RESERVATION. THE AUTHOR DISCUSSES OTHER RULINGS ON INDIAN RIGHTS TO GAUGE HOW THE U.S. SUPREME COURT MAY LEAN IN ITS RULING....BS