Legal Opinion

Jurisdiction Over "Victimless" Crimes Committed by Non-Indians on Indian Reservations

Department of Justice Office of Legal Counsel

Decided March 21, 1979Published

1Opinion of the Court

March 21, 1979 79-18 MEMORANDUM OPINION FOR THE DEPUTY ATTORNEY GENERAL Jurisdiction—Federal or State—“ Victimless” Crimes Committed by Non-Indians on Indian Reservations—18 U.S.C. §§ 1152, 1153 This responds to your request for our opinion whether so-called “ vic­ timless” crimes committed by non-Indians on Indian reservations fall within the exclusive jurisdiction o f the State or Federal courts, or whether jurisdiction is concurrent. The question posed is a difficult one' whose im­ portance is far from theoretical. We understand that in the wake of Oliphant v. Suquamish Indian Tribe,

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2Cases cited31 opinions

  1. United States v. WheelerSupreme Court of the United States · 1978
  2. United States v. LanzaSupreme Court of the United States · 1922
  3. Oliphant v. Suquamish Indian TribeSupreme Court of the United States · 1978
  4. Donnelly v. United StatesSupreme Court of the United States · 1913
  5. Kleppe v. New MexicoSupreme Court of the United States · 1976

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