tribal sovereignty

Tribal Sovereignty, Trampled

Oklahoma v. Castro-Huertas overturned decades of jurisprudence and practice in concluding that “the Federal Government and the State have concurrent jurisdiction to prosecute crimes committed by non-Indians against Indians in Indian country.” This cuts to the heart of tribal sovereignty, which asserts that only the native tribes or the federal government can prosecute alleged crimes committed on tribal land (often called “Indian Country” in legal documents).

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