1 / 6

NAVAJO CRIMINAL JURISDICTION

NAVAJO CRIMINAL JURISDICTION. Treaty of 1868. Bad Man Clause:

graham
Download Presentation

NAVAJO CRIMINAL JURISDICTION

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. NAVAJO CRIMINAL JURISDICTION

  2. Treaty of 1868 • Bad Man Clause: “If bad men among the Indian shall commit a wrong or depredation up on the person or property of any one, white, black, or Indian, subject to the authority of the United States and at peace therewith, the Navajo tribe agree that they will, on proof made to their agent, and on notice by him, deliver up the wrongdoer to the United States, to be tried and punished according to its laws . . . .”

  3. Navajo Nation Criminal Code • 17 NNC §301 et seq. • Amended by Navajo Nation Council January 27, 2000 • More than 50% of Title 17 crimes are non-jailable offenses • No felony jurisdiction • Personal jurisdiction over Native Americans, Means v. Chinle District Court, SC-CV-61-98 (May 11, 1999) • Personal jurisdiction over non-Navajos? See 17 NNC §203

  4. Case Law • SC-CV-50-13 NN Office of the Prosecutors v. Kayenta District Ct concerning Benson Holmes • SC-CV-06-14 Benjamin Shorty v. Delores Greyeyes • SC-CV-34-12 Roger Baker v. Delores Greyeyes • SC-CV-55-11 Bitsie v. Greyeyes

  5. Extradition • U.S. v. Rehahlio Carroll • Signed into Law by President Ben Shelly on July 23, 2013 • Federal Detainer • States must request extradition for ALL Native Americans

  6. Tribal Law and Order Amendments • Passed by Congress July, 2010 • Purposes (3) • Authorized felony jurisdiction to tribes • Allows enhanced sentencing • Restrictions under current Navajo Nation law

More Related