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Treaty of 1868 Bad Man Clause: “If bad men among the Indian shall commit a wrong or depredation up on the person or property of any one, white, black,

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Presentation on theme: "Treaty of 1868 Bad Man Clause: “If bad men among the Indian shall commit a wrong or depredation up on the person or property of any one, white, black,"— Presentation transcript:

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2 Treaty of 1868 Bad Man Clause: “If bad men among the Indian shall commit a wrong or depredation up on the person or property of any one, white, black, or Indian, subject to the authority of the United States and at peace therewith, the Navajo tribe agree that they will, on proof made to their agent, and on notice by him, deliver up the wrongdoer to the United States, to be tried and punished according to its laws....”

3 Navajo Nation Criminal Code 17 NNC §301 et seq. Amended by Navajo Nation Council January 27, 2000 More than 50% of Title 17 crimes are non-jailable offenses No felony jurisdiction Personal jurisdiction over Native Americans, Means v. Chinle District Court, SC-CV (May 11, 1999) Personal jurisdiction over non-Navajos? See 17 NNC §203

4 Case Law SC-CV-50-13NN Office of the Prosecutors v. Kayenta District Ct concerning Benson Holmes SC-CV-06-14Benjamin Shorty v. Delores Greyeyes SC-CV-34-12Roger Baker v. Delores Greyeyes SC-CV-55-11Bitsie v. Greyeyes

5 Extradition U.S. v. Rehahlio Carroll Signed into Law by President Ben Shelly on July 23, 2013 Federal Detainer States must request extradition for ALL Native Americans

6 Tribal Law and Order Amendments Passed by Congress July, 2010 Purposes (3) Authorized felony jurisdiction to tribes Allows enhanced sentencing Restrictions under current Navajo Nation law


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