The new Tribal Law and Order Act will boost law enforcement efforts in Indian Country but it won't change how race plays a role in jurisdiction.

Depending on the race of the perpetrator and the race of the victim, jurisdiction could be in the hands of tribal, federal or state authorities. But that's not always an easy question to answer.

"The whole flaw in the system is that it's premised upon being an Indian defendant or Indian victim, and yet we have no clear-cut definition of who an Indian is," BJ Jones, the director of the Tribal Judicial Institute at the University of North Dakota law school, told the Associated Press.

In a number of cases, the federal courts have determined who is or isn't an Indian for purposes of jurisdiction. A defendant with Indian ancestry might not be Indian enough to be prosecuted by federal authorities.

"It seems to me the question is coming up increasingly," said Judge William Canby of the 9th Circuit Court of Appeals told the AP. "It's become a cumbersome system."

Get the Story:
Race complicates reservation crime fight (AP 9/5)

Indian Arts and Crafts Amendments Act:
H.R.725

Tribal Law and Order Act:
S.797 | H.R.1924

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