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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 (and some felonies in specific situations) - Tribal Court.
2. Indian
perpetrator & non-Indian victim: Felonies - Federal Court; Misdemeanors (and some felonies in specific situations) -
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 and State Court; plus Tribal Courts can also exercise jurisdiction in some domestic violence and other
cases in specific situations.
6. Non-Indian perpetrator of victimless crime: State Court.
The US Department
of Justice has developed a 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 blue box below.
Indian Country Criminal Justice Links
Tribal Police Links
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