JUSTICE AND THE AMERICAN INDIAN, V 1 - THE IMPACT OF PUBLIC LAW 280 UPON THE ADMINISTRATION OF CRIMINAL JUSTICE ON INDIAN RESERVATIONS

• NCJ Number: 13369
• Author(s): R W JOHNSON
• Date Published: 1974
• Length: 126 pages
• Grant Number(s): 72-DF-10-0014
• Sponsoring Agency: US Dept of Justice
• Corporate Author: National American Indian Court Judges Assoc
• Sale Source: National Technical Information Service
• Language: English
• Country: United States of America

Annotation

THIS REPORT DESCRIBES THE IMPACT OF STATE JURISDICTION OVER CRIMINAL AND CIVIL ACTIONS ARISING ON INDIAN RESERVATIONS IN THE STATE OF WASHINGTON STATE.

Abstract

PUBLIC LAW 280, ENACTED IN 1953, CONFERRED JURISDICTION TO THE STATES WITH RESPECT TO COURSES OF ACTION AND CRIMINAL OFFENSES EMANATING FROM INDIAN RESERVATIONS WITHIN SUCH STATES. WHILE THE OPERATION OF THIS SYSTEM WAS EXAMINED, THE MAIN PURPOSE OF THE STUDY WAS TO MEASURE INDIAN REACTION TO THE LEGISLATION. THE INQUIRY INDICATES THAT A MAJORITY OF INDIANS ARE DISSATISFIED WITH THE JURISDICTIONAL SYSTEM WHICH HAS BEEN IMPOSED ON THEM. BY EXTENDING ITS JURISDICTION OVER INDIANS, THE STATE IMPOSED ITS AUTHORITY OVER PEOPLE WHO VIEW THE STATE WITH HOSTILITY, FEAR AND DISTRUST. MANY FEEL THAT THE STATE, IN ASSUMING JURISDICTION, DID NOT CONSIDER THE NEEDS OF THE TRIBES, BUT ONLY THE DESIRES OF THE NON INDIAN POPULATION. THE INDIANS CONTEND, HOWEVER, THAT AFTER TWENTY YEARS OF FRUITLESS EFFORTS TO CHANGE THE SITUATION, FURTHER DISCUSSION WOULD BE A WASTE OF TIME. THE REPORT INCLUDES A SHORT HISTORY OF PUBLIC LAW 280, SUGGESTED LEGISLATION TO REMEDY THE CURRENT SITUATION, AND A SUMMARY BY STATE OF JURISDICTION OVER INDIANS. FOR MORE VOLUMES IN THIS SERIES, SEE NCJ-013370-73.