Criminal Justice in Indian Country

Abstract

Public Law 280, enacted in 1953, precluded federal jurisdiction and conferred jurisdictional authority on the state government to enforce and prosecute crimes occurring in Indian Country, thereby flipping the general rule regarding criminal jurisdiction. In the Tribal Law and Order Act of 2010 (TLOA), Congress allowed Indian tribes located in mandatory Public Law 280 states to request the Department of Justice to re-assert criminal jurisdiction. The author proposes further studies should occur to identify the problems and solutions specific to the tribal communities in mandatory Public Law 280 states.