3 Flashcards
Substantive due process
all states must follow the same rules
Procedural due process
Notice and opportunity to be heard.
A law must address the matter intended. (case)
Durant v. State
What are the three main factors that have influenced criminal jurisdiction in Indian Country?
The sovereign status of tribes
Plenary power of the US Congress
Supreme Court interpretations of Indian law.
What is Indian Country??
Trust Land
All allotted or patented lands
Dependent Indian Communities
Reservations
WHO IS INDIAN FOR PURPOSES OF CRIMINAL JURISDICTION IN INDIAN COUNTRY?
- Must have some degree of Indian blood
a. Tribal or federal recognition of the person as Indian
b. The degree of blood varies by Tribal laws - Must be considered a member of a Federally-recognized Indian Tribe
- Enrollment must indicate “Indian” status
- Proof may come from B.I.A. or Tribal census records.
WHAT COURTS EXERCISE CRIMINAL JURISDICTION FOR CRIMES IN INDIAN COUNTRY?
- Tribal Courts
- Federal Courts – Federal crimes of nationwide applicability also apply to Indian Country. Some examples include – controlled substances, felon in possession, Violence Against Women Act (“VAWA”).
- State Court
THE THREE MAJOR FEDERAL STATUTES
- Indian Country Crimes Act, 18 U.S.C. § 1152
- Assimilative Crimes Act, 18 U.S.C. § 13
- Major Crimes Act, 18 U.S.C. § 1153
Major Crimes Act
Gives federal court jurisdiction for certain offenses committed by Indians in Indian country. (Mostly Felonies)
Indian Country Crimes Act
creates federal court jurisdiction for certain types of offenses committed by
Indians against non Indian victims
All offenses committed by non-Indian victims
All offenses committed by Non Indian against Indian Victims.
Sometimes called the “General Crimes Act and Federal Enclaves Act
INDIAN COUNTRY CRIMES ACT (“ICCA”)
Assimilative Crimes Act
Fills gaps in the Federal criminal Code
The Federal court borrows the state code.
The Indian Civil Rights Act of 1968 (25 U.S.C. §§ 1301-1303) limits Tribes’ sentencing powers to
3 years imprisonment and/or a fine of up to $15,000 for a single criminal act.
In Duro v. Reina
the U.S. Supreme Court held that Tribal courts have no jurisdiction over Indians who are members of other Tribes
Duro Fix
This recognized the Tribes’ inherent authority to exercise criminal jurisdiction over all Indians – not just members of the Tribe – who commit crimes within their reservation borders.
