A New Corridor for the Maze: Tribal Criminal Jurisdiction and Nonmember Indians

Abstract

The author acknowledges the valuable contribution of Nancy Farhat, without whose enthusiasm and assistance this article would have been neither started nor completed. 1. Title 18 U.S.C. § 1151 (1988) defines "Indian country" as: (a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation, (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same. 2. The Major Crimes Act provides: Offenses committed within Indian country (a) Any Indian who commits against the person or property of another Indian or other person any of the following offenses, namely, murder, manslaughter, kidnapping, maiming, a felony under chapter 109A [18 U.S.C. § § 2241-2245 (1988)], incest, assault with intent to commit murder, assault with a dangerous weapon, assault resulting in serious bodily injury, arson, burglary, robbery, and a felony under section 661 of this title within the Indian country, shall be subject to the same law and penalties as all other persons committing any of the above offenses, within the exclusive jurisdiction of the United States. (b) Any offense referred to in subsection (a) of this section that is not defined and punished by Federal law in force within the exclusive jurisdiction of the United States shall be defined and punished in accordance with the laws of the State in which such offense was committed as are in force at the time of such offense. Major Crimes Act, 18 U.S.C. § 1153 (1988). 3. The Indian Country Crimes Act provides: Except as otherwise expressly provided by law, the general laws of the United States as to the punishment of offenses committed in any place