NCJ Number
65660
Journal
Arizona Law Review Volume: 6 Dated: (1965) Pages: 237-255
Date Published
1965
Length
19 pages
Annotation
THIS ARTICLE ADDRESSES THE PROBLEM OF JURISDICTION OVER INDIANS AND RESERVATIONS; IT COVERS FEDERAL AND STATE AUTHORITY, TYPES OF CRIME, AND CRIMES COMMITTED BY INDIANS AGAINST NON-INDIANS.
Abstract
INDIAN RESERVATIONS ARE WITHIN THE JURISDICTION OF THE FEDERAL GOVERNMENT AND WITHIN THE POLITICAL AND GOVERNMENTAL BOUNDARY OF THE STATE. STATE LAWS MUST NOT, HOWEVER, CONFLICT WITH FEDERAL ENACTMENTS PASSED TO PROTECT ITS INDIAN WARDS. FEDERAL STATUTES HAVE RESERVED NUMEROUS MATTERS FOR FEDERAL JURISDICTION ALONE, AS IN THE CASE OF THE CRIMES OF MURDER, MANSLAUGHTER, RAPE, ASSAULT WITH INTENT TO KILL, ASSAULT WITH A DANGEROUS WEAPON, ARSON, BURGLARY, ROBBERY, LARCENY, AND INCEST. IF CONGRESS HAS NOT ENACTED SPECIAL LEGISLATION FOR INDIANS ON A RESERVATION OR SUBJECTED THEM TO THE EXCLUSIVE JURISDICTION OF THE STATE, INDIANS CONTINUE TO BE GOVERNED BY THEIR OWN TRIBAL LAWS AND CUSTOMS. THE COURT OF INDIAN OFFENSES HAS CONCURRENT BUT NOT EXCLUSIVE JURISDICTION OVER MANY OFFENSES, AND IT WILL DELIVER OVER INDIAN OFFENDERS TO OTHER COURTS WILLING TO EXERCISE AUTHORITY. COURTS DIFFER AS TO WHETHER THE STATE HAS JURISDICTION OVER CRIMES COMMITTED ON A RESERVATION BY A NON-INDIAN AGAINST AN INDIAN. HOWEVER, AN INDIAN TRIBE CLEARLY DOES NOT EXERCISE EXCLUSIVE JURISDICTION OVER EITHER THE LAND OR THE PERSONS WITHIN A RESERVATION, AND THE STATE AND FEDERAL GOVERNMENTS MAINTAIN SPECIFICALLY DESIGNATED AUTHORITY. IN SOME CASES, ALL THREE MAY HAVE JURISDICTION OVER THE SAME MATTER. FOOTNOTES ARE INCLUDED. (LWM)