NCJ Number
42059
Journal
Utah Law Review Volume: 1976 Issue: 3 Dated: (1976) Pages: 631-645
Date Published
1977
Length
15 pages
Annotation
THIS COMMENT ANALYZES THE REASONING EMPLOYED BY THE U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT IN THE 1976 DECISION OLIPHANT V. SCHLIE, WHICH AFFIRMED A DISTRICT COURT'S DENIAL OF THE DEFENDANT'S WRIT OF HABEAS CORPUS.
Abstract
THE DEFENDANT, A NON-INDIAN RESIDING ON A RESERVATION, WAS ARRESTED BY TRIBAL POLICE FOR ASSAULTING AN OFFICER AND RESISTING ARREST. HE PETITIONED FOR A WRIT OF HABEAS CORPUS, ASSERTING THAT THE INDIAN TRIBAL COURT LACKED CRIMINAL JURISDICTION OVER A NON-INDIAN FOR CRIMES COMMITTED ON THE RESERVATION. THE COURT OF APPEALS HELD THAT, IN THE ABSENCE OF TREATIES, CONGRESSIONAL ACTS, OR SELF-IMPOSED TRIBAL LIMITATIONS TO THE CONTRARY, THE TRIBAL COURT HAS CRIMINAL JURISDICTION OVER NON-INDIANS FOR MINOR OFFENSES COMMITTED ON THE RESERVATION. THE DOCTRINE OF INHERENT TRIBAL SOVEREIGNTY, STATUTES AFFECTING TRIBAL JURISDICTIONS, PRACTICAL CONSIDERATIONS, AND RELEVANT CASES ARE DISCUSSED IN THE ANALYSIS. (AUTHOR ABSTRACT MODIFIED)...MSP