674
Indian CountryIntroduction
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Criminal jurisdiction in the "Indian Country," 18 U.S.C. §
1151,
is allocated among federal, state and tribal courts. Most federal criminal
law
for the Indian country is set forth in 18 U.S.C. §§ 1151-1170.
Sections
1152 and 1153 are the most important. Jurisdiction over particular cases in
the
Indian country depends in general upon three factors: the nature of the
offense,
whether any jurisdiction has been conferred on the state, and whether the
perpetrator or victim is an Indian. The charts in this Manual at 689 are a synopsis of the law presently
applicable in the Indian country and reflect the statutes, court decisions
and
current Department policy. See also Duro v. Reina, 495 U.S.
676,
680 n. 1 (1990); 25 U.S.C. § 1301(4).
[cited in USAM 9-20.100] | |