Watch this oversight hearing held on 18 September 2008. Hear about an issue in the United States regarding the federal justice system's struggle to deal effectively with crime in Indian Country. The federal government is under the self-proclaimed duty to handle criminal cases of non-Indians (and some Indians) committing crimes on indian lands. It has become a difficult situation made possible by two certain actions taken by the United States government.
The Congress (with signature from the President) played a major role in the usurping of tribal jurisdiction over crimes that happen on their territory. The Major Crimes Act of 1885 (18 U.S.C. § 1153 or MCA) declared to the tribes they could no longer handle serious offense cases no matter the Indian v. non-Indian distinction. Many felonius crimes, such as murder, kidnapping and robbery, occurring on the reservation would now be federal responsibility. Many say this was done because the government did not believe tribes were prepared to handle liberal criminal procedure.
A century later the United States Supreme Court decided Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978) finding Indian tribes cannot prosecute or sentence non-Indians committing any crime in Indian Country (regardless of its seriousness). Generally, that is still the rule.
The link here takes you to the Video Webcast of the important oversight hearing held by the Senate in fall of 2008 where two Panels made of six witnesses give testimony on their post-MCA and Oliphant experiences. Some panelists believe there should be more jurisdiction recognized in the tribe, another makes the case there is no problem with how the federal government is handling their responsibility and that there is not widespread declining of criminal cases from Indian Country.
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