Jurisdiction
The sovereign
status of federally recognized Indian tribes preclude most
states from exercising criminal jurisdiction in Indian Country
over Indian persons. Jurisdiction resides with the tribes
themselves on a limited basis, or with the federal government.
Federal criminal jurisdiction in Indian Country is derived
from the Federal Criminal Code, Title 18, USC 1152 (Indian
Country Crimes Act) and Title 18, USC 1153 (Major Crimes
Act). FBI responsibility and jurisdiction for the investigation
of federal violations in Indian Country under the Indian
Country Crimes Act or Major Crimes Act is statutorily derived
from Title 28 USC Section 533, pursuant to which the FBI
was given investigative responsibility by the Attorney General.
The resources allocated by the FBI to various locations throughout
the country are based on a number of factors, to include:
identified crimes problems; jurisdictional responsibilities;
and the availability of non-FBI investigative resources.
The FBI
has established the following priorities in Indian Country
in an effort to ensure that the most egregious and violent
criminal acts receive priority attention by investigative
personnel:
1)
Homicide/Death
2) Child Sexual/Physical Abuse
3) Violent Felony Assault
4) Drugs and Gangs
5) Corruption/Fraud Against the Government/Theft of Tribal Funds
6) Gaming Violations
7) Property Crimes