Jurisdiction

What is jurisdiction?

Jurisdiction refers to the authority of a government to regulate conduct and to enforce those regulations through a court system. Generally speaking, jurisdiction is usually tied to territory and the power of a government over its territory.

This is particularly true in criminal jurisdiction, at least for the federal and state governments. Federal and state governments possess the ability to prosecute an offender if any significant element of a crime occurred within the territory of that government.¹

What is civil jurisdiction in Indian country?

Tribes retain the power to form or alter their own governments; to establish and determine tribal membership or citizenship; to prescribe rules for the inheritance of property; to control the use of their natural resources; to regulate domestic relations among tribal members; to impose taxes on tribal members; and to adjudicate cases involving tribal members.²

What is criminal jurisdiction under VAWA 2013?

This territorial approach is not, however, the approach used with respect to criminal jurisdiction in Indian Country. Instead, a series of statutes and court decisions have declared that a tribal government’s criminal jurisdiction in Indian country is centered primarily on the identity of the people involved in the crime (both the victim and the perpetrator), and not only on the place where the crime occurred. However, location is also an important factor: whether a crime took place inside or outside of Indian country or on fee or trust land (for example, in Washington’s optional PL 280 Jurisdiction).³

Which government holds jurisdiction?

1. Tribal governments possess inherent criminal jurisdiction over all Indians in Indian country.
2. The state government has exclusive jurisdiction over all non-Indian only crimes (non-Indian against another non-Indian or non-Indian victimless), and may have concurrent jurisdiction with the tribe or the federal government over other crimes if a statute (such as PL 280) or a settlement act has granted the state special jurisdiction.
3. The federal government possesses criminal jurisdiction over all interracial crimes in Indian country (except in an Indian vs. non-Indian crime not included in the Major Crimes Act and the tribe punishes Indian first) and may have concurrent jurisdiction with the tribe over Indians who commit certain crimes in Indian country. The federal government also possesses the authority to prosecute anyone who violates one of the general federal crimes anywhere in the country, including in Indian country.⁴

See Indian Country Criminal Jurisdictional Chart

What is the Tribal Law & Order Act?

Congress passed the TLOA in July 2010 and the president signed it into law on July 29, 2010. TLOA is a comprehensive statute focused on all aspects of investigating and prosecuting crime in Indian country with a primary purpose of reducing crime in Indian country and increasing public safety.⁵

What is the significance of  VAWA 2013?

VAWA 2013 recognizes the ability of tribes to prosecute non-Indians who commit domestic violence in Indian country. VAWA 2013 refers to this as “Special Domestic Violence Criminal Jurisdiction,” (SDVCJ) and sets out a series of requirements tribes must satisfy if they want to exercise this recognized authority.⁶ It is important to know that not all Indigenous Nations have this special jurisdiction.

VAWA 2013 allows tribes to prosecute non-Indians for three categories of crimes—domestic violence, dating violence, and violations of protection orders—provided the tribe satisfies the prerequisites. The statute also requires that at least one of the parties in the case must be Indian and that the defendant must have some connection to the tribe, such as living or working in the tribe’s Indian country, or being involved in a relationship with a member of the tribe or with an Indian who resides in the tribe’s Indian country.⁷