Jurisdiction on Indian Reservations: Hearings Before the Select Committee on Indian Affairs, United States Senate, Ninety-sixth Congress, Second Session, on S. 1181 ... S. 1722 ... and S. 2832 ....U.S. Government Printing Office, 1980 |
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appointment arrest Assimilative Crimes Act authority BEAR DON'T WALK Big Horn County committed by non-Indians Committee on Indian Conc Congress court system criminal jurisdiction Crow Tribe Dear Senator Melcher district court Federal court federal jurisdiction Federal magistrate federal offenses federal officers GILHAM going hearing Honorable John Melcher Indian country Indian defendants Indian persons Indian reservations Indian tribes Indians and non-Indians investigation involved John Melcher judicial justice LAFORGE law enforcement legislation Lodge Grass major crimes McBratney minor offenses misdemeanors Montana non-Indian O'LEARY offenses committed percent present problems prosecution question regard Roosevelt County section 653 Senate bill 2832 Senator John Melcher special officers testimony Thank tion tribal court tribal government tribal law tribal members tribal police officers U.S. attorney U.S. attorney's office U.S. Court U.S. magistrate United States Attorney United States Code United States magistrates United States Senate violations Washington Wolf Point
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Pagina 72 - Except as to crimes the punishment of which is expressly provided for in this title the general laws of the United States as to the punishment of crimes committed in any place within the sole and exclusive jurisdiction of the United States, except the District of Columbia, shall extend to the Indian country.
Pagina 67 - A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate.
Pagina 114 - It is the policy of the United States that all litigants in Federal courts entitled to trial by jury shall have the right to grand and petit juries selected at random from a fair cross section of the community in the district or division wherein the court convenes.
Pagina 65 - States magistrate serving under this chapter shall have within the territorial jurisdiction prescribed by his appointment (1) all powers and duties conferred or imposed upon United States commissioners by law or by the Rules of Criminal Procedure for the United States District Courts; (2) the power to administer oaths and affirmations, impose conditions of release under section 3146 of title...
Pagina 74 - A typical illustration is found in the usual Indian reservation set apart within a State as a place where the United States may care for its Indian wards and lead them into habits and ways of civilized life. Such reservations are part of the State within which they lie and her laws, civil and criminal, have the same force therein as elsewhere within her limits, save that they can have only restricted application to the Indian wards.
Pagina 50 - ... 1. Federal law enforcement priorities; 2. The nature and seriousness of the offense; 3. The deterrent effect of prosecution; 4. The person's culpability in connection with the offense; 5. The person's history with respect to criminal activity; 6. The person's willingness to cooperate in the investigation or prosecution of others; and 7. The probable sentence or other consequences if the person is convicted.
Pagina 80 - Essentially, absent governing Acts of Congress, the question has always been whether the state action infringed on the right of reservation Indians to make their own laws and be ruled by them.
Pagina 92 - US aim was to prevent hindrance to the execution of official duty, and thus to assure the carrying out of federal purposes and interests, and was not to protect federal officers except as incident to that aim.
Pagina 112 - Restricting the composition of juries to "persons who actually reside within the reservation in which the offense is alleged to have been committed" may depart from the philosophy of the Jury Selection and Service Act of 1968 which establishes a right to a jury selected "from a fair cross-section of the community.
Pagina 89 - employee" means "an individual who is— (1) appointed in the civil service . . .; (2) engaged in the performance of a Federal function under authority of law or an Executive act; and (3) subject to the supervision of [the President or Federal officer] while engaged in the performance of the duties of his position.