No they will be prosecuted in federal court by federal prosecutors in my view
Supreme Court says eastern half of Oklahoma is Native American land
- Thread starter nemesis
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No they will be prosecuted in federal court by federal prosecutors in my view
https://books.google.com/books?id=n...AkQAQ#v=onepage&q=1886 muscogee creek&f=false
Interesting reading. Seems that with what I've read so far, it's illegal for any non citizen to collect more than a bushel of pecans for personal use. Some crazy stuff in here.
Interesting reading. Seems that with what I've read so far, it's illegal for any non citizen to collect more than a bushel of pecans for personal use. Some crazy stuff in here.
So. Do you really think the feds are going to prosecute some Native American for stealing your tv or lawnmower.
who decides who's a Native American?
Had a class on this taught by some AUSA folks that specialized in this type of prosecution. There was a nexus they went by to decide if it was going to be a state or federal prosecution: Indian suspect vs Indian victim it went federal, Indian suspect vs Non-Indian victim it went federal, Non-Indian suspect vs Indian it went state, at least that’s how I remember the information. Basically this case upheld the geographical boundaries of the tribes for federal/tribal prosecution rather than if it was trust vs non-trust land. The cases involved occurred on non-trust land but fell within the historical boundaries that SCOTUS just ruled were never officially disestablished by Congress. The state argued that they were effectively disestablished based on the treaty after the Civil War, the land run and statehood.
So basically if you’re a card carrying tribal member and you commit a crime within the geographical boundaries of the reservation, you go to federal/tribal court but non-tribal members go to state court.
So basically if you’re a card carrying tribal member and you commit a crime within the geographical boundaries of the reservation, you go to federal/tribal court but non-tribal members go to state court.
The opinion is fairly narrow:
It applies to the Creek Nation.
It applies to Indian defendants who are accused of committing a crime under the Major Crimes Act in the Creek Nation.
That is all.
It applies to the Creek Nation.
It applies to Indian defendants who are accused of committing a crime under the Major Crimes Act in the Creek Nation.
That is all.
How is it still Native American land if it has been sold by tribal members over time?
However,it is likely that an Indian Defendant accused of a crime in another tribes "reservation" and charged in a State Court will likely asked for the case to be transfered to a Federal (or Tribal) Court. If that motion is denied, then it is likely that an appeal to a Federal Court, citing this decision, will ensue.
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