Criminal Justice in Indian Country

Date

2013

Authors

Pearl, M. Alexander

Journal Title

Journal ISSN

Volume Title

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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.

Description

Keywords

Indian law, Indian country, criminal justice, California Indian country, Public Law 280, criminal jurisdiction, Tribal Law and Order Act of 2010, TLOA, tribal communities

Citation

M. Alexander Pearl, Criminal Justice in Indian Country, 37 Am. Indian L. Rev. 384 (2012–13).