NCJ Number
37521
Date Published
1976
Length
74 pages
Annotation
TESTIMONY AND OTHER MATERIALS CONCERNING AMENDMENT OF THE FEDERAL STATUTES PERTAINING TO THE PROSECUTION OF CRIMES COMMITTED IN INDIAN COUNTRY SO AS TO ASSURE EQUAL TREATMENT FOR INDIAN AND NON-INDIAN OFFENDERS.
Abstract
THE 1966 AND 1968 AMENDMENTS TO THE MAJOR CRIMES ACT HAD CAUSED THE NINTH CIRCUIT COURT OF APPEALS, IN 1974, TO FIND THE ACT UNCONSTITUTIONAL. THESE AMENDMENTS PERMITTED INDIAN DEFENDANTS TO BE SUBJECTED TO HARSHER PUNISHMENT FOR THE SAME OFFENSE AND GAVE THE GOVERNMENT A LIGHTER BURDEN OF PROOF IN PROSECUTING THAN THAT REQUIRED FOR NON-INDIANS. SINCE THE UNITED STATES ATTORNEY IS THE LOCAL PROSECUTOR FOR MAJOR OFFENSES WHICH OCCUR ON INDIAN RESERVATIONS, THE RESULT OF THE CIRCUIT COURT'S DECISION WAS TO LEAVE THE U.S. ATTORNEY'S OFFICE WITHOUT AN EFFECTIVE STATUTE FOR ENFORCEMENT PURPOSES. THE THREE AMENDMENTS PROPOSED WOULD EACH REMEDY THIS SITUATION. APPENDED MATERIALS INCLUDE STATEMENTS BY THE ATTORNEY GENERAL OF THE UNITED STATES, EDWARD H. LEVI AND MORRIS THOMPSON, COMMISSIONER OF INDIAN AFFAIRS. PERTINENT CASE LAW IS ALSO INCLUDED.