Jurisdiction in Indian Country a big mess

FROM THE ARCHIVE

Facebook Twitter Email
MONDAY, FEBRUARY 24, 2003

Who has jurisdiction over crimes that occur within the boundaries of Indian reservations is a question asked by Jodi Rave of The Lincoln Journal Star.

The answer depends on a number of factors, including race of offender, ownership of land where the crime occurred and federal laws. On some reservations, states have jurisdiction over major crimes but on others, it is the federal government.

"Is it good or bad?" a South Dakota county sheriff whose district includes a reservation said. "I don't know. Who does? Is it fair? I don't know that either. It's just a system we've lived with for a long time."

With violent crimes, domestic violence and hate crimes affecting American Indians and Alaska Natives at high rates, many are working to find a solution. Usually this occurs at the local level with cross-deputization agreements but tribal leaders are also pushing for Congress to clarify tribal and state jurisdiction in the wake of cases like 2001's Nevada v. Hicks.

Get the Story:
Jurisdictional disputes are increasing tensions around Native lands. (The Lincoln Journal Star 2/23)
Power to enforce restraining orders often an obstacle in fight against domestic violence (The Lincoln Journal Star 2/23)
In Nevada case, a challenge to tribal sovereignty (The Lincoln Journal Star 2/23)