7/13/21
Requirement that states grant full faith and credit to the judgments of other states does not apply to the judgments of tribal courts Some federal and state courts have upheld the decisions of tribal courts in the interest of comity Many tribes extend full faith and credit to state court decisions
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Indian Country Criminal Adjudicative Jurisdiction
Persons Involved
Crime
Jurisdiction
By Indians against Indians “Major” crimes
Tribal and federal concurrent jurisdiction
By Indians against Indians (including members of other tribes) By Indians against non- Indians By Indians against non- Indians
Non- “Major” crimes and Tribal offenses
Exclusively tribal
“Major” crimes
Tribal and federal concurrent jurisdiction Tribal and federal concurrent jurisdiction Generally tribal, but federal jurisdiction possible
Non- “Major” crimes and Tribal offenses
By Indians
Victimless crimes
By non-Indians against Indians
All crimes
Exclusively federal
By non-Indians against non- Indians
All crimes
Exclusively state
By non-Indians
Victimless crimes
Exclusively state, but federal jurisdiction possible if a tribal interest is involved
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