Transcript NAVAJO CRIMINAL JURISDICTION

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 . . . .”
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-61-98 (May 11, 1999)
 Personal jurisdiction over non-Navajos? See 17 NNC
§203
Case Law
 SC-CV-50-13
NN Office of the Prosecutors v.
Kayenta District Ct concerning
Benson Holmes
 SC-CV-06-14
Benjamin Shorty v. Delores Greyeyes
 SC-CV-34-12
Roger Baker v. Delores Greyeyes
 SC-CV-55-11
Bitsie v. Greyeyes
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
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