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Criminal jurisdiction in tribal areas
Jurisdiction over offenses in Indian country may lie with federal, state, or tribal
agencies, depending on the particular offense, offender, victim, and offense
location. For more information on tribal jurisdiction, see State Prosecutors' Offices with
Jurisdiction in Indian Country, 2007,
Tribal Law Enforcement, 2008,
Census of Tribal Justice Agencies in Indian Country, 2002, and Jails in Indian Country, 2017-2018.
Indian country
Statutory term that includes all lands within an Indian reservation, dependent
Indian
communities, and Indian trust allotments (18 U.S.C. § 1151). Courts interpret
section
1151 to include all lands held in trust for tribes or their members. See United
States v. Roberts, 185 F.3d 1125 (10th Cir. 1999). Tribal authority to imprison
American Indian offenders is limited to one year per offense by statute (25 U.S.C. §
1302), a $5,000 fine, or both.
Indian country jails
Indian country adult and juvenile detention centers, jails, and other correctional
facilities operated by tribal authorities or the Bureau of Indian Affairs, U.S.
Department of the Interior.
Public Law 83-280 (commonly referred to as Public Law 280 or P.L. 280)
Establishes criminal justice responsibilities among American Indian tribes with
tribal land, the states in which tribes are
located, and the federal government. Public Law 280 is mandatory or optional for 204
tribes, about two-thirds of the total
in the lower 48 states. In states where P.L. 280 does not apply, the federal
government retains criminal jurisdiction for
major crimes committed under the Indian Country Crimes Act (18 U.S.C. § 1152), the
Indian Country Major Crimes Act (18
U.S.C. § 1153), and the Assimilative Crimes Act (18 U.S.C. § 13).
Public Law 93-638
The Indian Self-Determination Act of 1975 affords tribes the opportunity to provide
for their own police departments and other institutional services through federal
grants and contracts.
Tribal court
As defined in the Indian Tribal Justice Technical and Legal Assistance Act of 2000 (P.L.
106-559), the term "tribal court," "tribal court system," or "tribal justice system"
means the entire judicial branch, and employees thereof, of an Indian tribe, including,
but not limited to, traditional methods and fora for dispute resolution, trial courts,
appellate courts, including inter-tribal appellate courts, alternative dispute
resolution systems, and circuit rider systems, established by inherent tribunal
authority whether or not they constitute a court of record.
Tribal jurisdiction
Tribal law enforcement agencies act as first responders to both felony and
misdemeanor
crimes. For most of Indian country, the federal government provides felony law
enforcement concerning crimes by or against American Indians. Certain areas of
Indian
country are under Public Law 83-280, as amended. P.L. 280 conferred jurisdiction on
certain states over Indian country and suspended enforcement of the Major Crimes Act
(18
U.S.C. § 1153) and the General Crimes Act (18 U.S.C. § 1152) in those areas. Indian
tribes retain concurrent jurisdiction to enforce laws in Indian country where P.L.
280
applies.
Tribal police powers
Authority to exercise criminal jurisdiction over all tribal members and the authority
to arrest and detain non-Indians for delivery to state or federal authorities for
prosecution. These tribal police powers are generally limited to tribal lands.
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