Land issues complicate criminal jursidiction

Thursday, August 16, 2007  

Who has jurisdiction when a crime is committed on the Navajo Nation? Depending on race of the perpetrator and the victim, as well as the location, the answer varies.

In San Juan County, New Mexico, more than 60 percent of the land is Indian Country. But it is mixed with privately owned parcels, creating a "checkerboard" that creates problems for law enforcement.

"When a crime occurs, it makes it very difficult for the Sheriff's Office to respond," county commissioner Erwin Chavez told The Farmington Daily Times. "They don't know on which land they're on."

Tribes have jurisdiction only over their members and other Indians. States have jurisdiction but only when the offender and victim are both non-Indian. Federal authorities have the power to punish Indians and non-Indians, depending on the nature of the offense.

The complex system means some crimes go unpunished. "Things aren't getting investigated," Chavez said. "Criminals are getting away."

Get the Story:
Checkerboard region sees unique emergency issues (The Farmington Daily Times 8/16)

Opinion: Women and children can't wait for justice (8/3)
NPR: Criminals target a 'lawless' Indian Country (7/27)