duro
reina
argued
november
decided
may
living
one
indian
tribe
reservation
petitioner
duro
enrolled
member
another
tribe
allegedly
shot
killed
indian
youth
within
reservation
boundaries
charged
illegal
firing
weapon
reservation
tribal
criminal
code
confined
misdemeanors
tribal
denied
petition
dismiss
prosecution
lack
jurisdiction
filed
habeas
corpus
petition
federal
district
granted
writ
holding
assertion
jurisdiction
tribe
nonmember
indian
constitute
discrimination
based
race
violation
equal
protection
guarantees
indian
civil
rights
act
since
oliphant
suquamish
indian
tribe
exempt
tribal
courts
criminal
jurisdiction
appeals
reversed
held
distinction
drawn
tribe
members
nonmembers
throughout
wheeler
upholding
tribal
criminal
jurisdiction
tribe
members
stated
tribes
possess
criminal
jurisdiction
nonmembers
indiscriminate
given
little
weight
finding
historical
record
equivocal
held
applicable
federal
criminal
statutes
supported
view
tribes
retain
jurisdiction
minor
crimes
committed
indians
indians
without
regard
tribal
membership
also
rejected
duro
equal
protection
claim
finding
significant
contacts
prosecuting
tribe
residing
tribe
member
reservation
working
tribe
construction
company
justified
exercise
tribe
jurisdiction
finally
found
failure
recognize
tribal
jurisdiction
duro
create
jurisdictional
void
since
relevant
federal
criminal
statute
apply
charge
since
state
made
attempt
might
lack
authority
prosecute
held
indian
tribe
may
assert
criminal
jurisdiction
nonmember
indian
pp
rationale
oliphant
wheeler
subsequent
cases
compels
conclusion
indian
tribes
lack
jurisdiction
nonmembers
tribes
lack
power
enforce
laws
come
within
borders
oliphant
supra
limited
sovereigns
necessarily
subject
overriding
authority
yet
retaining
sovereignty
needed
control
internal
relations
preserve
unique
customs
social
order
wheeler
supra
power
prescribe
enforce
rules
conduct
members
falls
outside
part
sovereignty
implicitly
lost
virtue
dependent
status
power
prosecute
outsider
inconsistent
status
come
delegation
congress
distinction
members
nonmembers
relation
recognized
areas
indian
law
see
moe
confederated
salish
kootenai
tribes
montana
although
broader
retained
tribal
powers
recognized
exercise
civil
jurisdiction
jurisdiction
typically
involves
situations
arising
property
ownership
within
reservation
consensual
relationships
tribe
members
criminal
jurisdiction
involves
direct
intrusion
personal
liberties
since
nonmember
duro
vote
tribal
elections
hold
tribal
office
sit
tribal
jury
relationship
tribe
oliphant
pp
review
history
modern
tribal
courts
opinions
solicitor
department
interior
tribal
codes
time
enactment
also
indicates
tribal
courts
embody
powers
internal
fact
federal
government
treats
indians
single
large
class
respect
federal
programs
dispositive
question
tribal
power
treat
broad
classification
pp
case
must
decided
light
fact
indians
citizens
congress
special
powers
legislate
respect
indians
indians
like
citizens
entitled
protection
unwarranted
intrusions
personal
liberty
cases
suggest
constitutional
limits
even
ability
congress
subject
citizens
criminal
proceedings
tribunal
tribal
provide
constitutional
protections
matter
right
contrast
retained
jurisdiction
members
accepted
precedents
justified
voluntary
character
tribal
membership
concomitant
right
participation
tribal
government
duro
enrollment
one
tribe
says
little
consent
exercise
authority
another
tribe
tribes
mere
fungible
groups
homogenous
persons
among
indian
feel
home
differ
important
aspects
language
culture
tradition
rationale
adopting
contacts
test
determine
nonmember
indians
must
subject
tribal
jurisdiction
apply
residents
well
little
variation
argument
already
rejected
person
entering
reservation
deemed
given
implied
consent
tribal
criminal
jurisdiction
pp
decision
imply
endorsement
jurisdictional
void
minor
crime
nonmembers
congress
proper
body
address
problem
fact
present
jurisdictional
scheme
proves
insufficient
meet
practical
needs
reservation
law
enforcement
pp
kennedy
delivered
opinion
rehnquist
white
blackmun
stevens
scalia
joined
brennan
filed
dissenting
opinion
marshall
joined
post
john
trebon
appointment
argued
cause
filed
briefs
petitioner
richard
wilks
argued
cause
respondents
brief
mirkin
deputy
solicitor
general
wallace
argued
cause
amicus
curiae
urging
affirmance
brief
solicitor
general
starr
assistant
attorney
general
stewart
harriet
shapiro
robert
klarquist
edward
shawaker
william
lavell
scott
keep
briefs
amici
curiae
urging
affirmance
filed
three
affiliated
tribes
fort
berthold
reservation
et
al
charles
hobbs
sac
fox
nation
et
al
william
rice
briefs
amici
curiae
filed
rosebud
sioux
tribe
et
al
jerilyn
decoteau
robert
anderson
salt
river
project
agricultural
improvement
power
district
john
weldon
stephen
crofton
justice
kennedy
delivered
opinion
address
case
whether
indian
tribe
may
assert
criminal
jurisdiction
defendant
indian
tribal
member
hold
retained
sovereignty
tribe
political
social
organization
govern
affairs
include
authority
impose
criminal
sanctions
citizen
outside
membership
events
giving
rise
jurisdictional
dispute
occurred
salt
river
indian
reservation
reservation
authorized
statute
established
executive
order
president
hayes
occupies
acres
east
scottsdale
arizona
mcdowell
mountains
reservation
home
salt
river
indian
community
recognized
tribe
enrolled
membership
petitioner
case
albert
duro
enrolled
member
another
indian
tribe
band
cahuilla
mission
indians
petitioner
eligible
membership
tribe
nonmember
entitled
vote
elections
hold
tribal
office
serve
tribal
juries
salt
river
indian
community
code
ordinances
app
petitioner
lived
life
native
state
california
outside
indian
reservation
march
june
resided
salt
river
reservation
woman
friend
worked
picopa
construction
company
owned
tribe
june
petitioner
allegedly
shot
killed
boy
within
salt
river
reservation
boundaries
victim
member
gila
river
indian
tribe
arizona
separate
tribe
occupies
separate
reservation
complaint
filed
district
charging
petitioner
murder
aiding
abetting
murder
violation
federal
agents
arrested
petitioner
california
federal
indictment
later
dismissed
without
prejudice
motion
attorney
petitioner
placed
custody
officers
taken
stand
trial
indian
community
tribal
powers
regulated
federal
statute
time
limited
tribal
criminal
penalties
six
months
imprisonment
fine
tribal
criminal
code
therefore
confined
misdemeanors
petitioner
charged
illegal
firing
weapon
reservation
tribal
denied
petitioner
motion
dismiss
prosecution
lack
jurisdiction
filed
petition
writ
habeas
corpus
district
district
arizona
naming
tribal
chief
judge
police
chief
respondents
district
granted
writ
holding
assertion
jurisdiction
tribe
indian
member
violate
equal
protection
guarantees
indian
civil
rights
act
et
seq
holding
oliphant
suquamish
indian
tribe
tribal
courts
criminal
jurisdiction
district
reasoned
light
limitation
subject
nonmember
indian
tribal
jurisdiction
exempt
constitute
discrimination
based
race
held
respondents
failed
articulate
valid
reason
difference
treatment
either
standards
noting
nonmember
indians
greater
right
participation
tribal
government
lesser
fear
discrimination
system
bars
participation
peers
divided
panel
appeals
ninth
circuit
reversed
panel
opinion
dissent
later
revised
appeals
examined
opinion
wheeler
decided
days
oliphant
case
involving
member
prosecuted
tribe
stated
tribes
possess
criminal
jurisdiction
nonmembers
appeals
concluded
distinction
drawn
members
nonmembers
tribe
throughout
wheeler
opinion
indiscriminate
give
little
weight
casual
references
also
found
historical
record
equivocal
question
tribal
jurisdiction
nonmembers
appeals
examined
federal
criminal
statutes
applicable
indian
country
see
finding
references
indians
statutes
cases
construing
applied
indians
without
respect
particular
tribal
membership
concluded
congress
intended
divest
tribal
courts
criminal
jurisdiction
nonmember
indians
done
tribes
held
retain
jurisdiction
minor
crimes
committed
indians
indians
without
regard
tribal
membership
appeals
rejected
petitioner
equal
protection
argument
indian
civil
rights
act
found
racial
classification
subjecting
petitioner
tribal
jurisdiction
asserted
instead
justified
tribal
jurisdiction
petitioner
significant
contacts
community
residing
member
tribe
reservation
employment
tribe
construction
company
need
effective
law
enforcement
reservation
provided
rational
basis
classification
final
basis
result
panel
said
failure
recognize
tribal
jurisdiction
petitioner
create
jurisdictional
void
treat
petitioner
jurisdictional
purposes
thwart
exercise
federal
criminal
jurisdiction
misdemeanor
saw
relevant
federal
criminal
statute
apply
case
due
exception
crimes
committed
one
indian
person
property
another
indian
see
leave
crime
subject
state
authorities
made
effort
prosecute
petitioner
might
lack
power
judge
sneed
dissented
arguing
opinions
limit
criminal
jurisdiction
indian
tribe
members
congress
given
tribe
criminal
jurisdiction
nonmembers
reasoned
federal
criminal
statutes
need
construed
create
jurisdictional
void
stressed
recognition
jurisdiction
place
nonmember
indian
unlike
citizen
jeopardy
trial
alien
tribunal
views
reiterated
three
ninth
circuit
judges
dissent
denial
rehearing
en
banc
dissenters
accepted
petitioner
contention
tribal
jurisdiction
subjected
impermissible
racial
classification
tribunal
potential
bias
first
second
sets
opinions
ninth
circuit
panel
eighth
circuit
held
tribal
courts
possess
inherent
criminal
jurisdiction
persons
members
tribe
greywater
joshua
due
timing
opinions
eighth
circuit
ninth
circuit
case
benefit
analysis
rejected
granted
certiorari
resolve
conflict
reverse
ii
decisions
oliphant
wheeler
provide
analytic
framework
resolution
dispute
oliphant
established
inherent
sovereignty
indian
tribes
extend
criminal
jurisdiction
commit
crimes
reservation
wheeler
reaffirmed
longstanding
recognition
tribal
jurisdiction
crimes
committed
tribe
members
case
us
intersection
two
precedents
defendant
indian
member
tribe
asserts
jurisdiction
oliphant
tribal
officials
claim
jurisdiction
affirmative
congressional
authorization
treaty
provision
petitioner
contend
congress
legislated
remove
jurisdiction
tribes
question
must
answer
whether
sovereignty
retained
tribes
dependent
status
within
scheme
government
includes
power
criminal
jurisdiction
nonmembers
think
rationale
decisions
oliphant
wheeler
well
subsequent
cases
compels
conclusion
indian
tribes
lack
jurisdiction
persons
tribe
members
discussion
tribal
sovereignty
wheeler
bears
directly
case
consistent
describing
retained
tribal
sovereignty
defendant
terms
tribe
power
members
indeed
opinion
wheeler
stated
tribes
try
nonmembers
tribal
courts
literal
application
statement
facts
bring
case
end
yet
respondents
amici
including
argue
forcefully
statement
wheeler
taken
statement
law
party
wheeler
member
tribe
true
wheeler
presented
occasion
holding
present
facts
double
jeopardy
question
wheeler
demanded
examination
nature
retained
tribal
power
held
jurisdiction
navajo
defendant
navajo
part
retained
tribal
sovereignty
delegation
authority
federal
government
followed
federal
prosecution
offense
tribal
conviction
involve
two
prosecutions
sovereign
therefore
violate
double
jeopardy
clause
analysis
tribal
power
directed
tribes
status
limited
sovereigns
necessarily
subject
overriding
authority
yet
retaining
necessary
powers
internal
recognized
sovereignty
indian
tribes
retain
unique
limited
character
basic
attribute
full
territorial
sovereignty
power
enforce
laws
come
within
sovereign
territory
whether
citizens
aliens
oliphant
recognized
tribes
longer
described
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sense
rather
discussion
wheeler
reveals
retained
sovereignty
tribes
needed
control
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relations
preserve
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customs
social
order
power
tribe
prescribe
enforce
rules
conduct
members
fall
within
part
sovereignty
indians
implicitly
lost
virtue
dependent
status
areas
implicit
divestiture
sovereignty
held
occurred
involving
relations
indian
tribe
nonmembers
tribe
described
distinction
dependent
status
indian
tribes
within
territorial
jurisdiction
necessarily
inconsistent
freedom
independently
determine
external
relations
powers
including
power
prescribe
enforce
internal
criminal
laws
different
type
involve
relations
among
members
tribe
hey
powers
necessarily
lost
virtue
tribe
dependent
status
ibid
distinction
members
nonmembers
relation
recognized
areas
indian
law
exemption
state
taxation
residents
reservation
example
determined
tribal
membership
reference
indians
general
class
held
may
impose
certain
taxes
transactions
tribal
members
reservation
interfere
internal
governance
see
moe
confederated
salish
kootenai
tribes
mcclanahan
arizona
tax
rationale
apply
taxation
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even
indians
imposition
washington
tax
purchasers
contravene
principle
tribal
simple
reason
nonmembers
constituents
governing
tribe
practical
purposes
indians
stand
footing
resident
reservation
evidence
nonmembers
say
tribal
affairs
significantly
share
tribal
disbursements
washington
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tribes
colville
reservation
though
oliphant
determined
inherent
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authority
criminal
matters
principles
relied
support
general
proposition
inherent
sovereign
powers
indian
tribe
extend
activities
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tribe
omitted
tribes
sure
good
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voluntary
organizations
aptly
described
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aggregations
possessing
attributes
sovereignty
members
territory
mazurie
area
criminal
enforcement
however
tribal
power
extend
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internal
relations
among
members
petitioner
member
tribe
eligible
become
one
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members
tribe
may
vote
hold
office
serve
jury
authority
cf
oliphant
purposes
criminal
jurisdiction
petitioner
relations
tribe
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hold
tribe
powers
subject
limitations
iii
respondents
amici
argue
review
history
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jurisdiction
disagree
historical
record
case
somewhat
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illuminating
oliphant
tends
support
conclusion
reach
early
evidence
concerning
tribal
jurisdiction
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ntil
middle
century
indian
tribes
maintained
semblance
formal
system
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one
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pressure
formal
judicial
processes
emphasis
restitution
rather
punishment
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cases
challenging
jurisdiction
modern
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parties
acquiesce
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jurisdiction
asserted
see
national
american
indian
judges
association
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courts
future
occasion
case
address
effect
formal
acquiescence
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jurisdiction
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example
return
tribe
agreement
exercise
power
exclude
offender
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lands
see
infra
respondents
rely
historical
argument
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definitions
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federal
statutes
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without
respect
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particular
tribe
example
federal
jurisdictional
statutes
applicable
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country
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general
term
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see
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june
ch
stat
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members
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rogers
respondents
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courts
indian
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regulation
department
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continue
operate
today
reservations
without
tribal
courts
possess
jurisdiction
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offenders
within
relevant
reservation
see
cfr
evidence
stand
proposition
respondents
advance
congressional
administrative
provisions
cited
reflect
government
treatment
indians
single
large
class
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federal
jurisdiction
programs
references
dispositive
question
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power
treat
indians
broad
classification
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noted
fallacy
reliance
upon
fact
member
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indians
federal
definition
proof
federal
intent
inherent
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power
must
affect
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mere
fact
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come
within
definition
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purposes
indian
reorganization
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demonstrate
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intent
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indians
state
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note
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statutes
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disturb
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members
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statutes
reflect
tendency
past
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policy
treat
indians
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class
historical
record
prior
creation
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courts
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individual
tribes
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members
scholars
find
treaties
sources
illuminating
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comment
jurisdiction
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treaties
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note
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duro
reina
examination
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jurisdiction
non
member
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rev
treaties
suggest
retention
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brief
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established
auspices
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culture
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leaders
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saw
move
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see
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cohen
tyler
history
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policy
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indians
indian
reorganization
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allowed
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creation
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courts
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courts
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offenses
operated
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affairs
significantly
new
law
order
codes
required
approved
secretary
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see
opinions
solicitor
department
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new
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codes
leave
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authority
tribe
members
evidence
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less
clear
balance
supports
view
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tribal
jurisdiction
extends
tribe
members
one
opinion
flatly
declares
nherent
rights
self
government
may
invoked
justify
punishment
members
tribe
non
members
op
solicitor
dept
interior
relating
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affairs
op
sol
opinion
refers
earlier
opinion
speaks
broad
terms
jurisdiction
indians
generally
op
sol
another
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disapproved
tribal
ordinance
covering
indians
ground
tribal
constitution
embraced
members
solicitor
suggested
two
alternative
remedies
amendment
tribal
constitution
delegation
federal
authority
secretary
op
sol
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reflect
belief
tribes
possess
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sovereignty
nonmembers
indicate
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two
later
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give
strong
indication
new
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possess
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one
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adoption
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tribe
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authority
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op
sol
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opinion
forcefully
means
tribe
deal
interloping
nonmember
indians
removal
offenders
reservation
acceptance
delegated
authority
op
sol
opinions
provide
specific
historical
evidence
question
us
think
support
conclusion
taken
together
general
history
preceding
creation
modern
tribal
courts
indicate
tribal
courts
embody
powers
internal
described
persuaded
external
criminal
jurisdiction
accepted
part
courts
function
iv
whatever
might
said
historical
record
must
view
light
petitioner
status
citizen
many
indians
became
citizens
era
allotment
tribal
termination
around
turn
century
made
citizens
see
cohen
tracing
history
indian
citizenship
indians
citizens
alter
federal
government
broad
authority
legislate
respect
enrolled
indians
class
whether
impose
burdens
benefits
see
antelope
morton
mancari
absence
legislation
however
indians
like
citizens
embraced
within
nation
great
solicitude
citizens
protected
unwarranted
intrusions
personal
liberty
oliphant
criminal
trial
punishment
serious
intrusion
personal
liberty
exercise
citizens
power
necessarily
surrendered
tribes
submission
overriding
sovereignty
ibid
hesitate
adopt
view
tribal
sovereignty
single
another
group
citizens
nonmember
indians
trial
political
bodies
include
full
citizens
indians
share
territorial
political
sovereignty
retained
sovereignty
tribe
recognition
certain
additional
authority
tribes
maintain
indians
consent
tribal
members
indians
like
citizens
share
allegiance
overriding
sovereign
tribe
additional
authority
comes
consent
members
criminal
sphere
membership
marks
bounds
tribal
authority
special
nature
tribunals
issue
makes
focus
consent
protections
citizenship
appropriate
modern
tribal
courts
include
many
familiar
features
judicial
process
influenced
unique
customs
languages
usages
tribes
serve
tribal
courts
often
subordinate
political
branches
tribal
governments
legal
methods
may
depend
unspoken
practices
norms
cohen
significant
bill
rights
apply
indian
tribal
governments
talton
mayes
indian
civil
rights
act
provides
statutory
guarantees
fair
procedure
guarantees
equivalent
constitutional
counterparts
example
right
act
appointed
counsel
unable
afford
lawyer
see
cases
suggest
constitutional
limitations
even
ability
congress
subject
american
citizens
criminal
proceedings
tribunal
provide
constitutional
protections
matter
right
cf
reid
covert
approved
delegation
indian
tribe
authority
promulgate
rules
may
enforced
criminal
sanction
federal
mazurie
delegation
authority
tribe
date
included
power
punish
nonmembers
tribal
decline
produce
result
recognition
inherent
tribal
authority
tribal
authority
members
also
citizens
subject
objections
retained
criminal
jurisdiction
members
accepted
precedents
justified
voluntary
character
tribal
membership
concomitant
right
participation
tribal
government
authority
rests
consent
principle
finds
support
cases
decided
provisions
predate
present
federal
jurisdictional
statutes
held
rogers
adoption
cherokee
tribe
bring
within
federal
definition
indian
purposes
exemption
federal
jurisdictional
provision
recognized
adoption
become
entitled
certain
privileges
tribe
make
amenable
laws
usages
see
nofire
respect
internal
laws
usages
tribes
left
broad
freedom
enjoyed
governmental
authority
country
see
santa
clara
pueblo
martinez
noting
bill
rights
inapplicable
tribes
holding
indian
civil
rights
act
give
rise
federal
cause
action
tribe
violations
provisions
reason
reject
extension
tribal
authority
given
consent
governed
provides
fundamental
basis
power
within
constitutional
system
see
merrion
jicarilla
apache
tribe
stevens
dissenting
suggests
tribal
jurisdiction
appropriate
petitioner
enrollment
band
cahuilla
mission
indians
sufficient
indication
indian
traditional
indian
cultural
values
make
reasonable
subject
tribal
system
implements
traditional
indian
values
customs
brief
amicus
curiae
tribes
mere
fungible
groups
homogenous
persons
among
indian
feel
home
contrary
wide
variations
customs
art
language
physical
characteristics
separate
tribes
history
marked
intertribal
alliances
animosities
see
generally
smithsonian
institution
handbook
north
american
indians
driver
indians
north
america
spier
yuman
tribes
gila
river
petitioner
general
status
indian
says
little
consent
exercise
authority
particular
tribe
appeals
sought
address
concerns
adopting
contacts
test
determine
nonmember
indians
might
subject
tribal
jurisdiction
rationale
test
apply
reservations
readily
indian
nonmembers
many
reside
reservations
close
ties
tribes
marriage
long
employment
indeed
population
reservations
generally
greater
population
indians
members
nonmembers
make
salt
river
reservation
population
see
dept
commerce
bureau
census
supplementary
report
american
indian
areas
alaska
native
villages
census
population
contacts
approach
little
variation
argument
person
enters
indian
community
deemed
given
implied
consent
tribal
criminal
jurisdiction
rejected
approach
logical
consequence
decision
nonmembers
share
relevant
jurisdictional
characteristics
share
jurisdictional
status
respondents
amici
contend
without
tribal
jurisdiction
minor
offenses
committed
nonmember
indians
authority
jurisdiction
offenders
assert
unless
affirm
jurisdiction
case
tribes
lack
important
power
preserve
order
reservation
nonmember
indians
able
violate
law
impunity
although
jurisdiction
stake
relatively
minor
crimes
recognize
protection
community
disturbances
peace
misdemeanors
serious
matter
interest
tribal
law
enforcement
applicable
reservation
residents
whose
numbers
often
greater
argued
oliphant
absence
tribal
jurisdiction
leave
practical
legal
void
reservation
law
enforcement
see
brief
respondent
oliphant
suquamish
indian
tribe
argument
tribal
jurisdiction
meet
need
effective
law
enforcement
provide
basis
finding
jurisdiction
oliphant
neither
sufficient
felonies
murder
alleged
case
outset
federal
jurisdiction
place
indian
major
crimes
act
tribes
also
possess
traditional
undisputed
power
exclude
persons
deem
undesirable
tribal
lands
see
brendale
confederated
tribes
bands
yakima
indian
nation
new
mexico
mescalero
apache
tribe
worcester
georgia
pet
cohen
tribal
law
enforcement
authorities
power
restrain
disturb
public
order
reservation
necessary
eject
jurisdiction
try
punish
offender
rests
outside
tribe
tribal
officers
may
exercise
power
detain
offender
transport
proper
authorities
respondents
major
objection
last
point
circumstances
presented
may
lawful
authority
punish
nonmember
indian
state
authorities
may
lack
power
resources
inclination
deal
reservation
crime
arizona
example
specifically
disclaims
jurisdiction
indian
country
crimes
ariz
art
federal
authority
minor
crime
otherwise
provided
indian
country
crimes
act
may
lacking
altogether
case
crime
committed
nonmember
indian
another
indian
since
general
federal
jurisdiction
indian
country
crime
shall
extend
offenses
committed
one
indian
person
property
another
indian
decision
today
imply
endorsement
theory
jurisdictional
void
presented
respondents
may
consent
tribes
assist
maintaining
order
reservation
punishing
minor
crime
congress
provided
mechanism
without
jurisdiction
indian
country
may
assume
criminal
jurisdiction
pub
see
supra
decision
also
address
ability
neighboring
tribal
governments
share
law
enforcement
concerns
enter
reciprocal
agreements
giving
jurisdiction
members
federal
jurisdiction
academic
commentators
dissenting
judge
suggested
statute
construed
cover
conduct
see
sneed
dissenting
others
disagreed
statute
us
express
views
question
present
jurisdictional
scheme
proves
insufficient
meet
practical
needs
reservation
law
enforcement
proper
body
address
problem
congress
ultimate
authority
indian
affairs
however
accept
arguments
policy
basis
finding
tribal
jurisdiction
inconsistent
precedent
history
equal
treatment
native
american
citizens
judgment
appeals
hereby
reversed
footnotes
indian
commits
person
property
another
indian
person
following
offenses
namely
murder
manslaughter
kidnaping
maiming
felony
chapter
incest
assault
intent
commit
murder
assault
dangerous
weapon
assault
resulting
serious
bodily
injury
arson
burglary
robbery
felony
section
title
within
indian
country
shall
subject
law
penalties
persons
committing
offenses
within
exclusive
jurisdiction
offense
referred
subsection
section
defined
punished
federal
law
force
within
exclusive
jurisdiction
shall
defined
punished
accordance
laws
state
offense
committed
force
time
offense
another
federal
statute
indian
country
crimes
act
applies
general
laws
crimes
committed
indian
country
except
otherwise
expressly
provided
law
general
laws
punishment
offenses
committed
place
within
sole
exclusive
jurisdiction
except
district
columbia
shall
extend
indian
country
section
shall
extend
offenses
committed
one
indian
person
property
another
indian
indian
committing
offense
indian
country
punished
local
law
tribe
case
treaty
stipulations
exclusive
jurisdiction
offenses
may
secured
indian
tribes
respectively
final
source
criminal
jurisdiction
indian
country
retained
sovereignty
tribes
undisputed
tribes
retain
jurisdiction
members
subject
question
exclusive
jurisdiction
mentioned
see
wheeler
supra
extent
tribal
jurisdiction
nonmembers
issue
scholarly
discussion
indian
country
jurisdiction
see
clinton
criminal
jurisdiction
indian
lands
journey
jurisdictional
maze
rev
title
ii
indian
civil
rights
act
stat
codified
imposes
certain
protections
limitations
exercise
tribal
authority
amendment
act
limit
tribal
criminal
punishment
set
one
year
imprisonment
fine
act
also
provides
protections
similar
though
identical
contained
bill
rights
apply
tribes
see
talton
mayes
information
salt
river
tribal
courts
tribes
see
national
american
indian
judges
association
native
american
tribal
profiles
note
jurisdictional
void
remain
approach
affording
tribal
jurisdiction
indians
sufficient
level
contacts
reservation
presumably
leave
indians
visiting
passing
reservation
outside
tribe
jurisdiction
justice
brennan
justice
marshall
joins
dissenting
today
holds
indian
tribal
power
exercise
criminal
jurisdiction
defendant
indian
tribal
member
concedes
indian
tribes
never
expressly
relinquished
power
instead
maintains
tribes
implicitly
surrendered
power
enforce
criminal
laws
nonmember
indians
tribes
became
dependent
federal
government
share
parsimonious
view
sovereignty
retained
indian
tribes
respectfully
dissent
powers
indian
tribes
inherent
powers
limited
sovereignty
never
extinguished
wheeler
quoting
cohen
handbook
federal
indian
law
emphasis
original
tribes
incorporated
territory
accepted
protection
federal
government
necessarily
lost
sovereign
powers
previously
exercised
wheeler
explained
sovereignty
indian
tribes
retain
unique
limited
character
exists
sufferance
congress
subject
complete
defeasance
congress
acts
tribes
retain
existing
sovereign
powers
sum
indian
tribes
still
possess
aspects
sovereignty
withdrawn
treaty
statute
implication
necessary
result
dependent
status
citations
omitted
contrast
recognized
tribes
surrender
independence
right
associating
stronger
power
taking
protection
worcester
supra
tribes
retained
powers
including
power
prescribe
enforce
internal
criminal
laws
wheeler
supra
agree
basic
attribute
full
territorial
sovereignty
power
enforce
laws
come
within
sovereign
territory
whether
citizens
aliens
ante
disagree
oliphant
suquamish
indian
tribe
recognized
tribes
longer
described
sovereigns
sense
ante
oliphant
held
tribes
power
exercise
criminal
jurisdiction
power
inconsistent
overriding
national
interest
follow
tribes
lost
power
exercise
criminal
jurisdiction
also
lost
power
enforce
criminal
laws
indians
members
tribe
oliphant
point
statutes
treaties
expressly
withdrawing
tribal
power
exercise
criminal
jurisdiction
nonmembers
instead
held
tribe
implicitly
divested
power
today
appears
read
oliphant
holding
exercise
criminal
jurisdiction
anyone
members
tribe
inconsistent
tribe
dependent
status
see
ante
oliphant
established
broad
principle
rather
holding
oliphant
supra
based
analysis
congress
actions
respect
first
considered
commonly
shared
presumption
congress
executive
branch
lower
federal
courts
tribal
courts
power
try
declared
power
punish
inconsistent
tribes
dependent
status
power
conflicted
overriding
interest
federal
government
protecting
citizens
unwarranted
intrusions
liberty
see
submitting
overriding
sovereignty
indian
tribes
therefore
necessarily
gave
power
try
citizens
except
manner
acceptable
congress
emphasis
added
consideration
relevant
congressional
enactments
reveals
opposite
conclusion
appropriate
respect
nonmember
indians
congress
first
addressed
rules
governing
crimes
indian
country
made
crimes
committed
citizens
inhabitants
indians
punishable
according
laws
state
offense
occurred
directed
state
courts
take
jurisdiction
offenses
see
trade
intercourse
act
stat
ch
congress
withdrew
jurisdiction
provided
federal
jurisdiction
application
federal
enclaves
law
crimes
committed
within
indian
country
congress
made
explicit
exception
crimes
committed
indian
another
indian
however
othing
act
shall
construed
extend
offense
committed
one
indian
another
within
indian
boundary
stat
ch
codified
amended
congress
amended
statute
proscribe
prosecution
federal
indian
already
tried
tribal
stat
ch
finally
congress
made
limited
significant
departure
consistent
practice
leaving
indian
tribes
task
punishing
crimes
committed
indians
indians
response
decision
ex
parte
crow
dog
held
federal
jurisdiction
indian
murdered
another
member
tribe
congress
passed
indian
major
crimes
act
stat
ch
codified
amended
certain
enumerated
crimes
including
murder
manslaughter
arson
fall
within
federal
jurisdiction
involving
two
indians
oliphant
relied
statutory
background
conclude
exercise
tribal
jurisdiction
inconsistent
tribes
dependent
status
early
days
congress
provided
federal
jurisdiction
crimes
involving
thus
affirmative
enactments
inferred
tribes
tacitly
divested
jurisdiction
see
oliphant
applying
reasoning
opposite
result
obtains
respect
tribal
jurisdiction
nonmember
indians
start
congress
consistently
exempted
crimes
reach
federal
state
power
although
exemption
statute
implicit
made
explicit
act
moreover
provision
act
exempting
federal
jurisdiction
indian
previously
punished
tribal
amounts
express
acknowledgment
congress
tribal
jurisdiction
indians
commit
crimes
indian
country
appropriate
inference
drawn
series
statutes
excluding
crimes
federal
jurisdiction
tribes
retained
power
crimes
involving
indians
see
wheeler
acknowledges
enactments
support
inference
tribes
retained
power
members
concludes
inference
drawn
tribal
power
nonmembers
finds
irrelevant
fact
long
held
term
indian
statutes
differentiate
members
nonmembers
tribe
see
kagama
see
also
rogers
exception
speak
members
tribe
race
generally
family
indians
rather
concludes
federal
definition
indian
relevant
federal
jurisdiction
dispositive
question
tribal
power
ante
conclusion
odds
analysis
oliphant
congressional
enactments
served
evidence
commonly
shared
presumption
tribes
ceded
power
similarly
enactments
reflect
congressional
presumption
tribes
power
disputes
indians
regardless
tribal
membership
refusing
draw
inference
repeated
congressional
actions
today
creates
jurisdictional
void
neither
federal
tribal
jurisdiction
exists
nonmember
indians
commit
minor
crimes
another
indian
conclusion
void
counsel
favor
finding
tribal
jurisdiction
see
ante
misses
point
existence
jurisdictional
gap
independent
justification
finding
tribal
jurisdiction
rather
relevant
determining
congressional
intent
unlikelihood
congress
intended
create
jurisdictional
void
sovereign
power
prosecute
entire
class
crimes
inform
understanding
assumptions
tribal
power
upon
congress
legislated
see
oliphant
supra
indian
law
draws
principally
upon
treaties
drawn
executed
executive
branch
legislation
passed
congress
instruments
beyond
actual
text
form
backdrop
intricate
web
judicially
made
indian
law
interpreted
isolation
must
read
light
common
notions
day
assumptions
drafted
citations
omitted
rogers
hardly
supposed
congress
intended
treat
whites
adopted
indians
fitting
within
exception
since
scheme
created
congress
differentiate
member
nonmember
indians
logical
conclude
congress
assume
power
retained
tribes
limited
member
indians
also
concludes
indians
citizens
exercise
criminal
jurisdiction
nonmember
tribe
inconsistent
tribe
dependent
status
stated
differently
concludes
regardless
whether
tribes
assumed
retain
power
nonmembers
historical
matter
tribes
implicitly
divested
power
indians
became
full
citizens
see
ante
whatever
might
said
historical
record
must
view
light
petitioner
status
citizen
reasons
since
held
oliphant
exercise
criminal
jurisdiction
conflicted
federal
government
great
solicitude
citizens
protected
unwarranted
intrusions
personal
liberty
ante
quoting
oliphant
exercise
criminal
jurisdiction
nonmember
indians
also
inconsistent
overriding
national
interest
several
problems
argument
first
oliphant
held
merely
submitting
overriding
sovereignty
indian
tribes
therefore
necessarily
give
power
try
citizens
except
manner
acceptable
congress
oliphant
supra
emphasis
added
touchstone
determining
extent
citizens
subject
jurisdiction
indian
tribes
therefore
whether
jurisdiction
acceptable
congress
cf
washington
confederated
tribes
colville
reservation
must
remembered
tribal
sovereignty
dependent
subordinate
federal
government
oliphant
federal
statutes
made
clear
prosecution
tribal
courts
acceptable
congress
contrast
statutes
reflect
view
prosecution
indians
tribal
courts
acceptable
congress
moreover
argument
proves
much
tribes
implicitly
divested
power
enforce
criminal
laws
nonmember
indians
indians
became
citizens
tribes
also
implicitly
divested
power
enforce
criminal
laws
members
citizens
well
contends
however
tribal
members
subject
tribal
jurisdiction
voluntary
character
tribal
membership
concomitant
right
participation
tribal
government
ante
required
consent
tribal
jurisdiction
participation
tribal
government
prerequisite
exercise
civil
jurisdiction
tribe
see
williams
lee
explain
prerequisite
uniquely
salient
criminal
context
ever
held
participation
political
process
prerequisite
exercise
criminal
jurisdiction
sovereign
case
state
prosecute
nonresidents
country
prosecute
aliens
violate
laws
see
brennan
dissenting
commission
crime
reservation
consent
necessary
allow
tribe
exercise
criminal
jurisdiction
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finally
consent
theory
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underlying
premise
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law
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control
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languages
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courts
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process
clause
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country
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current
congressional
policy
respectfully
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end
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courts
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prosecutions
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question
required
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source
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member
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discussion
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power
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today
ante
dictum
transmuting
dictum
law
relies
language
washington
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tribes
colville
reservation
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resident
reservation
ante
quoting
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supra
reliance
misplaced
language
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discussion
state
power
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discussion
tribe
power
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regulate
activity
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principles
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thus
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tax
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cigarettes
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taxation
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constituents
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see
ibid
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power
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government
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citation
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general
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concluded
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lands
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see
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tribes
matter
inherent
sovereignty
power
nonmembers
engage
consensual
relationships
tribal
members
conduct
threatens
direct
effect
political
integrity
economic
stability
health
welfare
tribe
citations
omitted
today
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explanation
exercise
criminal
jurisdiction
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crime
property
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tribe
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concerns
see
ante
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statutes
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policy
treat
indians
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logical
implications
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historical
record
prior
creation
modern
tribal
courts
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attention
individual
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one
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members
ibid
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historical
record
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congress
executive
indeed
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territories
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clear
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disputes
solicitor
department
interior
issued
opinion
adopted
attorney
general
dealing
question
federal
jurisdiction
indian
accused
murdering
member
another
tribe
presaging
holding
ex
parte
crow
dog
months
attorney
general
concluded
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jurisdiction
crime
fell
within
exception
op
atty
opinion
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demand
foster
surrender
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fairly
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major
crimes
act
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courts
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accepted
power
exercise
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jurisdiction
crimes
involving
indians
reservation
see
worcester
georgia
pet
however
congress
enacted
pub
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affected
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thus
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today
tribe
federal
government
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lack
jurisdiction
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case
erroneously
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today
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exercise
jurisdiction
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far
cry
legal
void
created
today
sovereign
power
prosecute
entire
class
crimes
suggestion
might
independent
constitutional
limitation
ability
congress
subject
citizens
prosecution
tribal
courts
provide
criminal
defendant
constitutional
rights
see
ante
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given
congress
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et
extended
tried
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protections
bill
rights
see
infra
importantly
right
due
process
moreover
argument
proves
much
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members
also
citizens
subject
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jurisdiction
participation
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government
constitute
knowing
intelligent
waiver
constitutional
rights
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provides
relevant
part
tribe
shall
violate
right
people
secure
persons
houses
papers
effects
unreasonable
search
seizure
subject
person
offense
twice
put
jeopardy
compel
person
criminal
case
witness
deny
person
criminal
proceeding
right
speedy
public
trial
informed
nature
cause
accusation
confronted
witnesses
compulsory
process
obtaining
witnesses
favor
expense
assistance
counsel
defense
require
excessive
bail
impose
excessive
fines
inflict
cruel
unusual
punishments
deny
person
within
jurisdiction
equal
protection
laws
deprive
person
liberty
property
without
due
process
law
pass
bill
attainder
ex
post
facto
law
deny
person
accused
offense
punishable
imprisonment
right
upon
request
trial
jury
less
six
persons
petitioner
argues
exercise
jurisdiction
nonmember
violates
equal
protection
provision
icra
tribe
exercise
jurisdiction
argument
without
merit
statutory
equal
protection
provision
requires
tribe
refrain
denying
person
within
jurisdiction
equal
protection
laws
ibid
emphasis
added
thus
petitioner
argument
simply
begs
question
within
tribe
jurisdiction
nonmember
indians
subject
criminal
jurisdiction
tribe
exercise
jurisdiction
case
violate
equal
protection
provision
icra
petitioner
state
valid
equal
protection
claim
however
show
exercise
jurisdiction
tribe
treated
differently
others
also
subject
jurisdiction