In the usual situation, Indian country criminal jurisdiction is largely determined by looking at three factors: 1) the status of the perpetrator (Indian or non-Indian), 2) the status of the victim (Indian or non-Indian), and 3) the type of crime involved.

Greatly over-simplified, (and where neither Public Law 280 nor any other special jurisdictional statute applies) the usual Indian country criminal jurisdictional arrangement looks like this:

1. Indian perpetrator & Indian victim: Common felonies - Federal Court; Misdemeanors - Tribal Court.

2. Indian perpetrator & non-Indian victim: Felonies - Federal Court; Misdemeanors - Tribal Court.

3. Indian perpetrator of victimless crime: Felonies - Federal Court; Misdemeanors - Tribal Court.

4. Non-Indian perpetrator & non-Indian victim: State Court.

5. Non-Indian perpetrator & Indian victim: Federal Court.

6. Non-Indian perpetrator of victimless crime: State Court.

The US Department of Justice has developed an excellent series of detailed reference charts that are very helpful. There are three charts; the charts show: 1) the general arrangement, 2) where jurisdiction has been given to the state by Public Law 280, and 3) where jurisdiction has been given to the state by another statute. Take a look by clicking in the orange box below.

Indian Country Criminal Justice Links

Tribal Police Links