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NCJRS Abstract

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NCJ Number: 148196 Find in a Library
Editor(s): N J Spaeth; J Wrend; C Smith
Date Published: 1993
Page Count: 466
Sponsoring Agency: University Press of Colorado
Niwot, CO 80544
Publication Number: ISBN 0-87081-269-6
Sale Source: University Press of Colorado
P.O. Box 849
Niwot, CO 80544
United States of America
Type: Legislation/Policy Description
Language: English
Country: United States of America
Annotation: This reference book covers many laws and agreements regarding American Indians and devotes a chapter to criminal law.
Abstract: Subjects covered include the Federal Indian law policy, mineral and surface leasing rights, civil rights, water rights, jurisdictional issues, child welfare, and state-tribal cooperative agreements. The chapter on criminal law focuses on (1) significant Federal statutes regulating crimes in Indian country, (2) the principles, assumptions, and scope of Public Law 280, and (3) State authority to arrest Indians within Indian country. First, Federal statutes concerning crimes in Indian country are explained: the General Crimes Act, the Major Crimes Act, and the statutes regulating liquor-related offenses. Second, Public Law 280 extends State jurisdiction into Indian country for Alaska, California, Minnesota, Nebraska, Oregon, and Wisconsin. Enacted in 1953, this law is intended to compensate for the lack of adequate tribal law and law enforcement on certain reservations. Third, the state right to arrest Indians within Indian country for offenses committed elsewhere is still controversial. If the suspect is a member of the tribe, the States should comply with tribal extradition procedures; however, in some cases, the state has the power to make arrests without tribal consent. The book includes a table of cases, 7 pages of bibliographical references, and an index.
Main Term(s): Tribal court system
Index Term(s): American Indians; Jurisdiction; Reservation crimes; Reservation law enforcement
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