Major Crimes Act

Definition

The Major Crimes Act is a federal law enacted in 1885 that allows the federal government to prosecute certain major crimes committed by Native Americans on tribal land. This act was a significant shift in the legal landscape, as it altered the jurisdictional framework by giving the federal government authority over serious offenses, thereby impacting the trust relationship between tribes and the federal government and shaping federal Indian law.

5 Must Know Facts For Your Next Test

1. The Major Crimes Act was passed in response to concerns about law enforcement in Indian Country, as many states refused to prosecute crimes committed by Native Americans on reservations.
2. The Act originally included seven major crimes: murder, manslaughter, kidnapping, sexual abuse, assault with intent to commit murder, arson, and robbery; these have expanded over time through amendments.
3. The law established a precedent for federal involvement in crimes committed by Native Americans on reservations, which has led to ongoing debates about jurisdiction and tribal sovereignty.
4. Under this Act, if a major crime occurs on a reservation, the federal government can take over prosecution from state authorities, which can sometimes lead to tensions between tribal leaders and federal agencies.
5. The Major Crimes Act has been criticized for undermining tribal justice systems and for limiting the ability of tribes to enforce their own laws and maintain order within their communities.

Review Questions

• How did the Major Crimes Act change the relationship between Native American tribes and the federal government?
  • The Major Crimes Act shifted the balance of legal authority between Native American tribes and the federal government by allowing federal prosecution of specific major crimes occurring on tribal lands. This change impacted the trust relationship by increasing federal oversight in areas that were previously managed by tribal governments. As a result, tribes found their sovereignty challenged, raising concerns about self-governance and control over law enforcement within their communities.
• Evaluate the implications of the Major Crimes Act for tribal sovereignty and self-governance.
  • The Major Crimes Act has significant implications for tribal sovereignty as it limits the authority of tribes to handle serious crimes independently. By transferring jurisdiction over major offenses from tribal courts to federal courts, it undermines tribal justice systems and their capacity to govern internal affairs. This often leads to a reliance on federal authorities for law enforcement, which can create friction between tribal leaders and federal officials while complicating efforts for tribes to exercise their inherent rights.
• Assess the long-term effects of the Major Crimes Act on contemporary Native American legal practices and jurisdictional conflicts.
  • The long-term effects of the Major Crimes Act have created complex jurisdictional conflicts that continue to affect contemporary Native American legal practices. The Act has established a dual system of justice where both tribal and federal authorities intersect, complicating legal proceedings for crimes committed in Indian Country. Furthermore, it has fostered ongoing debates about the need for reforms that would enhance tribal sovereignty and allow tribes greater control over legal matters within their territories. As such, discussions around jurisdiction remain critical as tribes seek to navigate the challenges posed by this historical legislation.

Related terms

Indian Country: Refers to all land within the limits of any Indian reservation, dependent Indian communities, and any land owned by Native Americans that is recognized by the federal government.

Public Law 280:

A 1953 law that granted certain states jurisdiction over criminal and civil matters on Native American lands, further complicating the legal environment for tribes.

Tribal Sovereignty:

The inherent authority of Native American tribes to govern themselves within the borders of the United States, which is recognized by federal law.