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    The Emerging Problem of Methamphetamine: A Threat Signaling the Need to Reform Criminal Jurisdiction in Indian Country

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    Full-text available at SSRN. See link in this record. (18.94Kb)
    Issue Date
    2006
    Author
    Kronk, Elizabeth Ann
    Publisher
    University of North Dakota School of Law
    Type
    Article
    Version
    http://ssrn.com/abstract=2154955
    Metadata
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    Abstract
    Since the eighteenth century, the federal government has maintained that it has criminal jurisdiction in Indian Country. Yet, “[t]hough Congress has often justified imposition of the federal criminal justice system in Indian country on the theory that federal laws are necessary to protect public safety, numerous statistical surveys suggest that the federal Indian country criminal justice regime has not achieved any such purpose.” Rather, the failure of the federal criminal justice system in Indian Country is a result of the ineffective criminal jurisdictional scheme created by the Major Crimes Act, the Indian Civil Rights Act of 1968 and the Supreme Court’s decision in Oliphant v. Suquamish Indian Tribe . Therefore, the emerging problem of meth use in Indian Country is a microcosm of the general problems with criminal jurisdiction on Indian reservations. In order to understand why meth use has become a significant problem in Indian Country, this article examines how the meth problem in Indian Country uniquely challenges law enforcement and suggests some solutions to this growing problem. Part I documents the extent of the meth problem in Indian Country and how it challenges effective law enforcement. Part II will show that the meth problem in Indian Country is a product of the unworkable criminal jurisdictional system applied to Indian Country, and will examine jurisdictional problems associated with the Major Crimes Act, the Indian Civil Rights Act and Oliphant. Finally, Part III offers solutions to the meth problem in Indian Country given the problematic criminal jurisdiction scheme.
    Description
    Full-text available at SSRN. See link in this record.
    URI
    http://hdl.handle.net/1808/11356
    Collections
    • Law School Scholarly Works [621]
    Citation
    Elizabeth Ann Kronk, The Emerging Problem of Methamphetamine: A Threat Signaling the Need to Reform Criminal Jurisdiction in Indian Country, 82 N.D. L. REV. 1249 (2006).

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    Contact KU ScholarWorks
    785-864-8983
    KU Libraries
    1425 Jayhawk Blvd
    Lawrence, KS 66045
    785-864-8983

    KU Libraries
    1425 Jayhawk Blvd
    Lawrence, KS 66045
    Image Credits
     

     

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