NCJ Number
218360
Date Published
2006
Length
6 pages
Annotation
This paper examines jurisdictional issues related to the administration of justice for American-Indian and Alaska-Native survivors of crimes of sexual violence.
Abstract
There are three main factors that determine jurisdictional authority for these Native Americans. One factor is whether the victim is a member of a federally recognized Indian tribe. A second factor is whether the defendant is a member of a federally recognized Indian tribe, and a third factor is whether or not the offense occurred on tribal land. It is also necessary to determine whether or not relevant Federal statutes have conferred jurisdiction upon the State. If not, then the issue becomes whether or not the offense is a major crime under Federal law. The facts regarding the aforementioned issues will determine whether a crime should be investigated by tribal, Federal, and/or State police; whether it should be prosecuted by a tribal prosecutor, a State prosecutor, and/or a Federal prosecutor; and whether it should be tried at the tribal, State, and/or Federal level. This determination dictates the applicable body of law in the case, i.e., tribal, Federal, and/or State. The jurisdiction of these various authorities often overlaps, creating confusion and uncertainty. When this occurs, often no authority acts to process the case, leaving victims without legal protection or redress. This is most likely to occur when non-Indian offenders commit crimes on tribal land. This paper outlines the laws pertinent to jurisdiction and then presents a chart that shows jurisdictional authority under various statutes depending on the status of offenders and victims as an Indian or non-Indian.