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Brief Of Amici Curiae Law Professors & Indian Law Experts In Support Of Petition For A Writ Of Certiorari, Smith V. United States, Barbara L. Creel, Verónica Gonzales-Zamora, Marc-Tizoc Gonzaléz
Brief Of Amici Curiae Law Professors & Indian Law Experts In Support Of Petition For A Writ Of Certiorari, Smith V. United States, Barbara L. Creel, Verónica Gonzales-Zamora, Marc-Tizoc Gonzaléz
Faculty Scholarship
The decision reached by the United States Court of Appeals for the Ninth Circuit, permitting the application of state criminal law to punish a tribal member whose alleged criminal conduct occurred on an Indian reservation and caused no harm to another person—solely based on the Assimilative Crimes Act (ACA), 18 U.S.C. § 13 is contrary to numerous treaties, acts of Congress, and foundational principles
of tribal sovereignty as construed and upheld by this Court’s federal Indian law jurisprudence. Allowing the Ninth Circuit decision to stand renders express
congressional authorizations and limitations on federal and state criminal jurisdiction over Indians in …
Criminal Justice In Indian Country, M. Alexander Pearl
Criminal Justice In Indian Country, M. Alexander Pearl
Faculty Publications
This Article examines the role played by different enacted legislation on California’s Indian tribes criminal justice system. For centuries, tribal governments were the only entities with criminal jurisdiction in Indian Country. In 1883, the Supreme Court in Ex parte Kan-Gi-Shun-Ka (Ex parte Crow Dog) confirmed that a crime committed by an Indian against another Indian did not give rise to federal jurisdiction. In response, Congress passed the Major Crimes Act, granting federal authorities the power to investigate, enforce, and prosecute certain crimes occurring in Indian Country. The federal statutes creating federal jurisdiction did not preclude tribal jurisdiction, but states …