Title: General Rules Criminal Jurisdiction in Indian Country
Headings: General Guide to Criminal Jurisdiction in Indian Country
General Guide to Criminal Jurisdiction in Indian Country
Content: Indian tribes - as sovereign nations - historically have inherent jurisdictional power over everything occurring within their territory. Tribal courts are courts of general jurisdiction which continue to have broad criminal jurisdiction. Any analysis of tribal criminal jurisdiction should begin with this sovereign authority and determine whether there has been any way in which this broad sovereign authority had been reduced (see below). Federal or State Concurrent Jurisdiction: Congress has granted limited jurisdictional authority to the federal courts (under the General Crimes Act and the Major Crimes Act) and to state courts (under Public Law 280 ). It is important, however, to note that tribal courts maintain concurrent (or joint) criminal jurisdiction. Criminal Jurisdiction over Non-Indians: The U.S. Supreme Court decision Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978) limits the ability of Native Nations to try and punish non-Indians. Under this decision, Native Nations generally do not have jurisdiction to prosecute non-Indians. The Violence Against Women Act Reauthorization of 2013 slightly modified this decision however.