689
Jurisdictional Summary
The following Chart sets forth in summary form which government entity
has jurisdiction in various types of scenarios.
- Where jurisdiction has not been conferred on the
state
Offender
| Victim
| Jurisdiction
| Non-Indian
| Non-Indian
| State jurisdiction is exclusive of federal and tribal
jurisdiction.
| Non-Indian
| Indian
| Federal jurisdiction under 18 U.S.C. § 1152 is exclusive of
state and tribal jurisdiction.
| Indian
| Non-Indian
| If listed in 18 U.S.C. § 1153, there is federal jurisdiction,
exclusive of the state, but probably not of the tribe. If the listed
offense is not otherwise defined and punished by federal law applicable in
the special maritime and territorial jurisdiction of the United States,
state law is assimilated. If not listed in 18 U.S.C. § 1153, there
is federal jurisdiction, exclusive of the state, but not of the tribe, under
18 U.S.C. § 1152. If the offense is not defined and punished
by a statute applicable within the special maritime and territorial
jurisdiction of the United States, state law is assimilated under 18 U.S.C.
§ 13.
| Indian
| Indian
| If the offense is listed in 18 U.S.C. § 1153, there is federal
jurisdiction, exclusive of the state, but probably not of the tribe. If the
listed offense is not otherwise defined and punished by federal law
applicable in the special maritime and territorial jurisdiction of the
United States, state law is assimilated. See section 1153(b). If not listed
in 18 U.S.C. § 1153, tribal jurisdiction is exclusive.
| Non-Indian
| Victimless
| State jurisdiction is exclusive, although federal jurisdiction may
attach if an impact on individual Indian or tribal interest is clear.
| Indian
| Victimless
| There may be both federal and tribal jurisdiction. Under the Indian
Gaming Regulatory Act, all state gaming laws, regulatory as well as
criminal, are assimilated into federal law and exclusive jurisdiction is
vested in the United States.
|
|
- Where jurisdiction has been conferred by Public Law 280,
18 U.S.C. § 1162
Offender
| Victim
| Jurisdiction
| Non-Indian
| Non-Indian
| State jurisdiction is exclusive of federal and tribal
jurisdiction.
| Non-Indian
| Indian
| "Mandatory" state has jurisdiction exclusive of federal and tribal
jurisdiction. "Option" state and federal government have jurisdiction. There
is no tribal jurisdiction.
| Indian
| Non-Indian
| "Mandatory" state has jurisdiction exclusive of federal government but
not necessarily of the tribe. "Option" state has concurrent jurisdiction
with the federal courts.
| Indian
| Indian
| "Mandatory" state has jurisdiction exclusive of federal government but
not necessarily of the tribe. "Option" state has concurrent jurisdiction
with tribal courts for all offenses, and concurrent jurisdiction with the
federal courts for those listed in 18 U.S.C. § 1153.
| Non-Indian
| Victimless
| State jurisdiction is exclusive, although federal jurisdiction may
attach in an option state if impact on individual Indian or tribal interest
is clear.
| Indian
| Victimless
| There may be concurrent state, tribal, and in an option state, federal
jurisdiction. There is no state regulatory
jurisdiction.
|
|
- Where jurisdiction has been conferred by another statute
Offender
| Victim
| Jurisdiction
| Non-Indian
| Non-Indian
| State jurisdiction is exclusive of federal and tribal
jurisdiction.
| Non-Indian
| Indian
| Unless otherwise expressly provided, there is concurrent federal and
state jurisdiction exclusive of tribal jurisdiction.
| Indian
| Non-Indian
| Unless otherwise expressly provided, state has concurrent jurisdiction
with federal and tribal courts.
| Indian
| Indian
| State has concurrent jurisdiction with tribal courts for all offenses,
and concurrent jurisdiction with the federal courts for those listed in 18
U.S.C. § 1153.
| Non-Indian
| Victimless
| State jurisdiction is exclusive, although federal jurisdiction may
attach if impact on individual Indian or tribal interest is clear.
| Indian
| Victimless
| There may be concurrent state, federal and tribal jurisdiction. There is
no state regulatory jurisdiction.
|
[cited in
Criminal Resource Manual 674;
USAM 9-20.100] | | |
| | | |