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CRIMINAL JURISDICTION OVER INDIAN SCHOOLS - CHILOCCO INDIAN SCHOOL, AN EXAMPLE OF JURISDICTIONAL CONFUSION

NCJ Number
60627
Journal
AMERICAN INDIAN LAW REVIEW Volume: 6 Issue: 1 Dated: (SUMMER 1978) Pages: 217-229
Author(s)
N D GURICH; R S HAUGHT
Date Published
1978
Length
13 pages
Annotation
FOCUSING ON THE CHILOCCO INDIAN SCHOOL IN OKLAHOMA, THIS ARTICLE EXAMINES THE ISSUE OF CRIMINAL JURISDICTION OVER INDIAN SCHOOLS.
Abstract
HISTORICALLY, CONTROVERSY SURROUNDED THE ISSUE OF CRIMINAL JURISDICTION OVER THE CHILOCCO INDIAN SCHOOL. THE CURRENT STATE OF THE LAW WITH RESPECT TO CRIMINAL JURISDICTION OVER INDIAN LANDS IS A HISTORICAL CONGLOMERATION OF MANY SEPARATE, OFTEN CONTRADICTORY, STATUTES. A BRIEF SUMMARY OF SOME OF THE MAJOR LEGISLATIVE ACTS IN THIS FIELD ILLUSTRATE POLICIES THAT HAVE OFTEN FLUCTUATED, LEADING TO THE CURRENT CONFUSION IN THE LAW. THIS CONFUSION IS COMPLICATED BY THE FACT THAT THE STATE GOVERNMENT, FEDERAL GOVERNMENT, AND TRIBAL GOVERNMENT CAN CLAIM AUTHORITY OVER INDIAN LANDS. TO DETERMINE WHETHER THE CHILOCCO INDIAN SCHOOL FALLS WITHIN THE JURISDICTION OF OKLAHOMA OR WITHIN THE JURISDICTION OF THE FEDERAL GOVERNMENT, THE LEGAL HISTORY, WORDS OF GRANT, AND OTHER FACTORS ARE EXAMINED, POINTING OUT THAT OKLAHOMA STATE COURTS APPEAR TO HAVE CONCURRENT JURISDICTION OVER CRIMINAL MATTERS ARISING ON THE SCHOOL GROUNDS. ALTHOUGH THE SCHOOL IS PART OF THE FEDERAL PUBLIC DOMAIN, THE STATE OF OKLAHOMA CAN CLAIM CRIMINAL JURISDICTION OVER CHILOCCO ON THE BASIS OF AGENCY CLASSIFICATIONS AND AGREEMENTS. THIS CONCURRENT JURISDICTION CAN POSE POTENTIAL MULTIPLE PROSECUTION PROBLEMS IF BOTH THE STATE AND FEDERAL GOVERNMENTS CHOOSE TO EXERCISE JURISDICTION OVER THE AREA. CONFUSION OVER JURISDICTION CAN LEAD TO A LEGAL VACUUM IN WHICH THERE IS NO LAW ENFORCEMENT. ONE SOLUTION FOR THE FEDERAL GOVERNMENTS TO COMMISSION INDIAN POLICE OFFICERS WITH THE POWERS OF ARREST AT INDIAN SCHOOLS. FOOTNOTES ARE PROVIDED. (WJR)

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