The United States Constitution, treaties,
federal statutes, executive orders, and court decisions establish
and define the unique legal and political relationship that exists
between the United States and Indian tribes. Federal laws vest
the Department of Justice with primary jurisdiction over most felonies
that occur on Indian lands in most states. As such, the Federal
Bureau of Investigation and the United States Attorneys' Offices
are the primary federal law enforcement agencies responsible for
investigating and prosecuting most serious felony crimes that occur
in Indian country including homicides, aggravated assaults, sex
offenses, and large scale theft or embezzlement. Other federal
law enforcement agencies are also active in Indian country; for
example, the Drug Enforcement Administration (drug offenses), the
Bureau of Alcohol, Tobacco, Firearms and Explosives (firearms offenses
and arson), and Customs and Border Protection (border offenses). Most
common less serious misdemeanor crimes are usually investigated
and prosecuted by tribal law enforcement agencies. Tribal
police and tribal courts handle the majority of criminal offenses
occurring in Indian country and often do so in ways that are appropriate
given the priorities, needs, and resources of each particular tribal
community.
Federal Bureau
of Investigation
The Federal Bureau of Investigation provides Special Agents who
investigate serious felony crimes in Indian country. The
FBI has a number of field offices located on or near Indian
reservations. In addition, the FBI is home to the Indian
Country Special Crimes Unit (ICSCU). The mission of the
ICSCU is to develop and implement strategies to address the
most egregious crime problems in Indian Country where the FBI
has responsibility and to support joint investigative efforts
with the BIA, Tribal law enforcement agencies, and Safe Trails
Task Force personnel. The ICSCU manages personnel resources,
procures services, funds specialized equipment to enhance FBI
investigations, coordinates with the FBI Office of Victim Assistance
and other federal agencies, and provides quality training to
law enforcement personnel to ensure that Indian Country criminal
investigations are conducted in a consistent manner which will
provide effective law enforcement services.
United States Attorneys'
Offices
The vast majority of criminal prosecutions for felony crimes committed
within Indian country are handled by United States Attorneys'
Offices. The designated Tribal Liaison within United States
Attorneys' Offices may be contacted regarding issues that arise
in Indian Country. The United States Attorneys' Offices have
identified five basic priorities on which to focus in Indian
country: (1) homeland security, (2) violent crimes, (3) Indian
gaming, (4) white collar crime, and (5) jurisdictional issues.
Tribal
Justice Agencies
As sovereigns recognized by the United States to have certain powers
of self-government, many tribes have established their own criminal
justice programs. Most of these programs receive at least
partial funding from the Bureau of Indian Affairs and/or the
Department of Justice. Tribal governments often have some
combination of a police department, criminal investigations
unit, crime victim services office, court, detention facility,
and/or a probation/parole department. Characteristics
of tribal criminal justice agencies can vary. For example,
most tribal police departments are relatively small with less
than 25 officers; however, at least one tribe employs over 300
police officers. Great variation also exists with other
tribal criminal justice agencies.
Bureau of Indian Affairs
The Bureau of Indian Affairs – Office of Justice Services
(formerly known as the Office of Law Enforcement Services) provides
law enforcement and corrections services to tribes which are subject
to federal criminal jurisdiction, but have yet to establish their
own tribal law enforcement or corrections programs. The Office
of Justice Services also provides training at the Indian Police
Academy (located in Artesia, New Mexico), assists with tribal court
development, provides program inspections, and conducts internal
affairs investigations.
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