Policing jurisdiction in native American sovereignty

Abstract

The sovereignty of Native Americans makes Congress the ultimate arbitrator of Native American affairs. Notwithstanding, the complexity of enforcing criminal statutes within and without Indian country reflects a miscellany of law enforcement jurisdiction. In any tribal criminal law enforcement action three distinct governments are involved: tribal, state, and federal. Each government has a stake in the outcome; and each enjoys exclusive, partial, or no jurisdiction, depending on the location of the offense, type of offense, and the races of the parties involved. To ascertain which government or governments has jurisdiction, police and prosecutors should conduct a three-step test to determine: (1) location of the crime; (2) supremacy of law issues; and (3) race of the offender and race of the victim.