Deputization of Indian Prosecutors: Protecting Indian Interests in Federal Court

Abstract

Part I of this article gives a broad overview of Indian criminal jurisdiction. It shows how the Supreme Court has barred Indian tribal courts from prosecuting non-Indians, leaving federal court as the sole forum for prosecution and accountability. Part II demonstrates that crime in Indian country is a real and serious problem. Part III analyzes the interests of the various groups and individuals who have stakes in this issue; it also addresses other possible solutions that have been advocated to solve this problem. Part IV details a proposal to deputize Indian lawyers as federal prosecutors.