Oliphant v. Suquamish Indian Tribe
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| Oliphant v. Suquamish Indian Tribe | ||||||
 Supreme Court of the United States |
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| Argued January 9, 1978 Decided March 6, 1978 |
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|---|---|---|---|---|---|---|
| Full case name | Mark Oliphant v. Suquamish Indian Tribe | |||||
| Citations | 435 U.S. 191 (more) | |||||
| Holding | ||||||
| Indian tribal courts do not have inherent criminal jurisdiction to try and to punish non-Indians, and hence may not assume such jurisdiction unless specifically authorized to do so by Congress. | ||||||
| Court membership | ||||||
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| Case opinions | ||||||
| Majority | Rehnquist, joined by Stewart, White, Blackmun, Powell, Stevens | |||||
| Dissent | Marshall, joined by Burger | |||||
| Brennan took no part in the consideration or decision of the case. | ||||||
Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978)[1] is a United States Supreme Court case regarding the criminal jurisdiction of Tribal courts over non-Indians.
The case was decided on March 6, 1978, with a 6-2 majority. The court opinion was written by William Rehnquist; a dissenting opinion was written by Thurgood Marshall. Judge William J. Brennan abstained.
The case centered on the arrest of Mark Oliphant, a non-Indian, by tribal police. Oliphant argued that the tribal court does not have criminal jurisdiction over non-Indians. Eventually the Supreme Court agreed with him.
The case is considered by Indians and Indian legal scholars to be a crushing setback to Indian tribal sovereignty.
[edit] See also
[edit] References
[edit] Further reading
- Resnik, Judith (1989). "Dependent Sovereigns: Indian Tribes, States, and the Federal Courts". The University of Chicago Law Review 56 (2): 671–759. doi:.
- Snyder-Joy, Zoaan K. (1995). "Self-Determination and American Indian Justice: Tribal versus Federal Jurisdiction on Indian Lands". in Hawkins, Darnell F.. Ethnicity, Race, and Crime: Perspectives Across Time and Place. Albany, NY: SUNY Press. pp. 310–322. ISBN 0791421953.
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