Tribal Criminal Jurisdiction

1124 WordsFeb 16, 20184 Pages
Before the Europeans arrived in the Americas, the Indigenous Tribes had their own languages, customs, and legal systems. These legal systems were completly new to the Europeans, because they did not focus on the Anglo norms of ctime and punsihment, instead, they focused on the restoration of peace and tranquility within the tribe. When any members had a disagreement, they would present the problem to the tribal elders who would sit with the two parties and their families and simply talk; they would talk until a unified decision could be made. This unanimous decision would be the final one, no one could undermine the decision of the elders. This custom was called the Peacemaking Circle and wasso alien to the invading Europeans, they saw the Indigenous People as savages, desperatly in need of salvation. As time went on and European and eventually American influence spread across the country, Tribes began to feel their sovereignty threatned as they could no longer deal with wrongdoers on their land the same way they did in the past. The Federal Government began intrude onto Indian Land. In 1817 the U.S passed the General Crimes Act1, whcih gave the Federal Government jurisdiction in Indian Country when a crime was commited if either the victim or derfendent was a non-Native. Then, in 1885, the U.S passed the Major Crimes Act2 which gave the Federal Government jurisdiction in Indian Country over major crimes, such as murder, when the defendent was a Native. The Major Crimes
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