37 Country Criminals are Civil and Sovereign

Question 1

37

Answer 1

37 Indian Tribal

(1) RCW 37 + federal law = govern
(2) Indian = blood + recognized as such by community + community federally recognized in many contexts != Non-member
(3) Tribal sovereignty = inherent right of self-governance, but not unlimited

Question 2

Country

Answer 2

Country State Default

(1) Indian Country = land w/n reservation borders + rights of way, allotments
(2) State = lack authority historically = PL 280 before 68 = adjudicatory + criminal jurisdiction != regulate, tax, fishing, hunting != non-Indians
(3) Default system = trust land = 8 subject areas, unless opt in.

Question 3

Criminal

Answer 3

Criminal Police Member

(1) Criminal jurisdiction != non-Indians
(2) Police != arrest, unless cross-deputized, only detain and turn over
(3) Non-member = member = 5k, 1 year, 3x if enhanced = indigent; comity

Question 4

Civil

Answer 4

Civil Federal Crime

(1) Civil = members only, unless consensual commercial relationship, fee land activity affective welfare + health (narrow)
(2) Federal civil = Indians w/ diversity where resides; tribe = sovereign immunity
(3) Federal crime = Major Crimes Act, else != if Indians, punished = General + Assimilated; != double jeopardy

Question 5

Sovereign

Answer 5

Sovereign Applies Excludes

(1) SI = levy taxes = absent Congress authorize, waiver != counterclaim, but can sue up to damages
(2) Applies = Chartered Tribal Corp or holding self out
(3) Excludes = individuals and tribal employees acting outside scope