NCJ Number
83441
Date Published
1982
Length
11 pages
Annotation
In a statement to a congressional subcommittee, a Deputy Assistant Attorney General of the United States explains the jurisdictional background of criminal law enforcement on Indian reservations and comments on a congressman's proposal to establish a pilot project to increase the use of reservations' own personnel in criminal investigations.
Abstract
The Federal Government exercises no criminal jurisdiction over Indian country in several States. In other States, criminal jurisdiction is exercised by the Federal Government, the States, and tribal authorities. Jurisdiction is generally exclusive, although some concurrent and overlapping jurisdiction exists. The nature of the offense and the Indian or non-Indian status of the offender or the victim are the factors that determine the appropriate forum. As a practical matter, felony jurisdiction is handled exclusively in Federal and State courts, while misdemeanor jurisdiction is divided between State, Federal, and tribal courts. As a result of the overlapping criminal jurisdiction, investigative authority is vested in several law enforcement agencies. The Federal Bureau of Investigation holds primary investigative jurisdiction for most major Federal crimes. Tribal police monitor violations of the tribal ordinances. Officers of the Bureau of Indian Affairs (BIA) provide law enforcement services in 23 States. Interagency cooperation, judicial recognition of authorities of police officers of differing jurisdictions, and cross-deputization of police officers in different jurisdictions commonly occurs in the investigation of offenses. The Justice Department encourages the use of Indian police investigative work but recognizes that the U.S. attorney has the responsibility for conducting a successful prosecution. The prosecuting attorney should have the power to decide whether the BIA or tribal investigation is adequate. A pilot project to encourage Indian police work is unnecessary, since experience has shown that the quality of investigation and police work is high in a substantial and stable Indian community that can support a well-trained professional police force. Current policies encouraging the use of BIA and tribal resources where appropriate should be continued.