Criminal Jurisdiction in Indian Country Essay - 1372 Words

Criminal Jurisdiction in Indian Country Tribal nations enjoy a unique legal position in the United States attributable to their sovereign status with built in powers of self-government. They also enjoy a special relationship with the federal government. In turn, this status and relationship has consequences for tribes and their members; for the states and their citizens; and the federal government. This paper will explore the significance of tribal sovereignty, the tribal-federal trust relationship, and their impact on criminal jurisdiction in Indian Country. It will also identify the division of criminal jurisdiction between the tribes, the federal government, and the states, which flows from this unique status and relationship. I will†¦show more content†¦Despite this special government-to-government relationship, deeply rooted in the history of the United States and its treatment of Indian nations, federal policies for dealing with Indian nations have not always been fait hful to this trust responsibility. Federal policy has varied radically from a policy of annihilation, to assimilation, to termination, to self-determination. Each has been influenced by the political and social climate of the era originating to the policy. So, for example, when gold fever spurred non-Indians to invade Indian Country to extract this precious metal, federal legislation removed this land from the Indian Country, resulting in broken treaty promises and removal of tribes from place to place. The trust relationship and federal supervisory authority over Indian nations rests upon Congress plenary power over Indian affairs. Congress plenary power over Indian affairs is the second factor, which contributes to the tangled pattern of criminal jurisdiction in Indian Country. Plenary means full and complete and not limited in any respect. According to U.S. Supreme Court decisions, the source of Congress vast power over Indian nations comes from several constitutional powers. The se include the Constitutional powers of making war, making treaties, and the Indian Commerce Clause, which has been relied on as the principle source of Congress plenary power over IndianShow MoreRelatedTribal Criminal Jurisdiction 1124 Words   |  4 Pagessalvation. As time went on and European and eventually American influence spread across the country, Tribes began to feel their sovereignty threatned as they could no longer deal with wrongdoers on their land the same way they did in the past. The Federal Government began intrude onto Indian Land. 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