Saturday, July 18, 2020

OCPA column: Responding to "Indian country" ruling


Responding to “Indian country” ruling
By Jonathan Small

The U.S. Supreme Court ruling in McGirt v. Oklahoma has created much legal uncertainty throughout Oklahoma. Rather than have a conglomerate of state and tribal officials hash out various agreements—potentially numerous agreements—it would be far better if Congress resolved this problem.

The court’s actual ruling was narrow: Creek tribal members, on territory once set aside for the Creek tribe, can only be prosecuted by federal, not state, authorities for serious crimes. But the ruling is expected to apply to several other tribes and territory throughout eastern Oklahoma, including Tulsa. Determining if an offender should be prosecuted in federal or state court will depend on the heritage of the offender, the heritage of the victim, and the location of the crime. In situations where an offender is an enrolled member of one tribe and the victim is a member of another, things could become even more complicated.
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by Jamison Faught - July 18, 2020 at 02:36PM
 

OCPA column: Responding to "Indian country" ruling

Click the title to read the entire article at Muskogee Politico