United States v. Lara: Difference between revisions
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== Background == | == Background == | ||
=== ''Duro'' case === | === ''Duro'' case === | ||
In 1990, the Supreme Court decided ''Duro v. Reina'',<ref name=Duro>{{cite court |litigants=Duro v. Reina |vol=495 |reporter=U.S. |opinion=676 |pinpoint= |court= |date=1990 |url=}}.</ref> which held that an Indian tribe did not have [[jurisdiction]] to try a non-tribal member for a crime that was committed on the reservation.<ref name=Pommersheim251>{{cite book |last=Pommersheim |first=Frank |authorlink= |coauthors= |editor= |others= |title=Broken Landscape : Indians, Indian Tribes, and the Constitution: Indians, Indian Tribes, and the Constitution |origdate= |origyear=2009 |origmonth= |url= |format= |accessdate= |accessyear= |accessmonth= |edition= |series= |date= |year= |month= |publisher=Oxford University Press |location= |language= |isbn=9780199706594 |oclc= |doi= |id= |pages=251 |chapter= |chapterurl= |quote= }}</ref> | |||
=== Facts of the case === | === Facts of the case === | ||
Revision as of 19:56, 12 January 2014
United States v. Lara, 541 U.S. 193 (2004) was a case where the United States Supreme Court held that an American Indian could be prosecuted by both an Indian tribe and the United States government without implicating the Double Jeopardy clause of the Fifth Amendment.
Background
Duro case
In 1990, the Supreme Court decided Duro v. Reina,[1] which held that an Indian tribe did not have jurisdiction to try a non-tribal member for a crime that was committed on the reservation.[2]
Facts of the case
Billy Jo Lara was a member of the Turtle Mountain Band of Chippewa Indians who in 2001 lived with his wife on the Spirit Lake Reservation.[3] His wife was a member of the Spirit Lake Tribe.[fn 1] After several incidents of misconduct, Lara was excluded from the reservation. Lara returned to the reservation on June 13, 2001 and was arrested for public intoxication.[4] After being transported to the police station, Lara was informed of the exclusion order. Lara then struck Bureau of Indian Affairs (BIA) Police Officer Byron Swan.[3][4]
Footnotes
References
- ↑ Duro v. Reina, 495 U.S. 676 (1990).
- ↑ Pommersheim, Frank [2009]. Broken Landscape : Indians, Indian Tribes, and the Constitution: Indians, Indian Tribes, and the Constitution. Oxford University Press, 251. ISBN 9780199706594.
- ↑ 3.0 3.1 Williams, Robert A. [2005]. Like a Loaded Weapon: The Rehnquist Court, Indian Rights, And the Legal History of Racism in America. University of Minnesota Press, 153. ISBN 9781452907567.
- ↑ 4.0 4.1 United States v. Lara, 2001 WL 1789403, *1 (D.N.D. Nov. 29, 2001).