sad story from NPR

[soonermaticsam]

I just read this story about the inability to prosecute whites on Indian territory when crimes such as rape happen. My family moved out of Oklahoma when I was 5 so I've never really learned what some of the social issues are in the state related to Indians. This article really frustrates me, if anyone's got insight into this issue I'd like to hear your opinion on how this problem can change. Why can't the tribal police just prosecute anyone if the crimes on their land regardless of whether their Indian or not?

http://www.npr.org/templates/story/story.php?storyId=12260610

[Okla-homey]

I just read this story about the inability to prosecute whites on Indian territory when crimes such as rape happen. My family moved out of Oklahoma when I was 5 so I've never really learned what some of the social issues are in the state related to Indians. This article really frustrates me, if anyone's got insight into this issue I'd like to hear your opinion on how this problem can change. Why can't the tribal police just prosecute anyone if the crimes on their land regardless of whether their Indian or not?

http://www.npr.org/templates/story/story.php?storyId=12260610

Glad you asked. Indian law is kinda my thingy. It's kinda complicated and IMHO, the opinion is thinly supported, nevertheless, in Oliphant v. Suquamish Tribe of Indians, 435 US 191 (1978), the Supreme Court held that tribal courts do not have criminal jurisdiction over non-Indians.

That means Indians don't have criminal jurisdiction over non-Indians in Indian country. Tribal courts do, however, have criminal jurisdiction over ALL Indians within their geographical boundaries, whether the accused Indian is a member of that particular tribe or not. That does NOT mean non-Indians can commit crimes in Indian Country and get away with it. It just means the state or feds have to prosecute. It also doesn't mean tribal cops can't arrest a non-Indian in Indian Country. They can, but they have to turn the guy over to the non-Indian Po-Po as soon as they practicably can. The decision to prosecute is then made by the state or federal authorities.

Finally, in terms of why things are this way. Well, you should probably read that case I cited above for the reasons given by the Court. However, my own theory is that the majority (not just the Court but Americans in general) are simply uncomfortable with the notion of brown people being able to put white people in jail.

Technically, it's more because the US Constitution is not applicable in tribal court, thus, there is no right to counsel for the accused, or other civil rights guarenteed by the Constitution. Again, IMHO, its kinda wacky to allow one group of US citizens (Indians have been US citizens since 1924, made so by Congress with the Snyder Act) to be tried for crimes in tribal court, while another group of US citizens (everyone else in the US) can't be. But there you have it.