Preview of Member Only Content
For full access:
or Become a Member 
Who Is an Indian? History Creates a Legal Labyrinth and Defense Opportunities
By Daniel Donovan and John Rhodes
Read more
Cover Story columns.
I. Introduction
Law enforcement on Indian reservations has drawn increasing attention in recent years. Codified in the Tribal Law and Order Act, Congress’ focus on criminal justice in Indian country promises more prosecutions.1 Federal jurisdiction over Indian country crimes is statutorily circumscribed, including requiring that either the defendant and/or the victim be an “Indian.” Indian status is thus necessary to federal jurisdiction in Indian country. This elemental importance vexes litigants, the courts, and Indian country jurisprudence.
The Supreme Court and the Ninth Circuit accurately observed: “The exercise of criminal jurisdiction over Indians and Indian country is a ‘complex patchwork of federal, state, and tribal law, which is better explained by history than by logic.’”2 The Major Crimes Act, 18 U.S.C. § 1153, establishes federal criminal jurisdiction over specified serious crimes committed in Indian country by Indian defendants.3 The crimes include
Want to read more?
The Champion archive is reserved for NACDL members.
NACDL members, please login to read the rest of this article.

Not a member? Join now.

Or click here to see an overview of NACDL Member benefits.
See what NACDL members say about us.
To read the current issue of The Champion in its entirety, click here.
- Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or idominguez@nacdl.org
- Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.