This Article Full Text (PDF) References Alert me when this article is cited Alert me if a correction is posted Services Email this article to a friend Similar articles in this journal Alert me to new issues of the journal Add to Saved Citations Download to citation manager Request Permissions Request Reprints Add to My Marked Citations Citing Articles Citing Articles via Google Scholar Citing Articles via Scopus Google Scholar Articles by Heck, W. P. Articles by Wilds, M. R. Search for Related Content Social Bookmarking                         What's this?

Structuring the Cherokee Nation Justice System: The History and Function of the Cherokee Nation Marshal Service

Northeastern State University

Ralph Keen, Jr.

Northeastern State University

Michael R. Wilds

Northeastern State University

On July 4, 1986, a Cherokee tribal member was shot in the leg and arrested by a deputy in Adair County, Oklahoma. In a subsequent civil action, the Tenth Circuit Court of Appeals ruled that absent a statutory grant of authority by Congress or consent from the tribe itself, Oklahoma law enforcement officers have no criminal jurisdiction "in Indian country" unless the crime is committed by a non-Indian against another non-Indian or the crime is a victimless crime committed by a non-Indian. Realizing that they were no longer protected by the state, the Cherokee Nation responded by creating its own Marshal Service. This article describes the evolution of that agency, checkerboard jurisdiction, and the need for cross deputization. In particular, the article addresses the recent political tribal crisis that almost devastated the newly formed Marshal Service and the tribe's current struggle to regain stability in the politically charged aftermath.

Criminal Justice Policy Review, Vol. 12, No. 1, 26-42 (2001)


CiteULike    Complore    Connotea    Del.icio.us    Digg    Reddit    Technorati    Twitter    What's this?