Last month, I traveled to a hotel located on the Eastern Cherokee Indian Reservation, or Qualla Boundary, in Cherokee, North Carolina to teach at the summer conference for North Carolina prosecutors. Probably because I had crime and criminal prosecution on my mind, I found myself wondering what happens when a person commits a crime on the reservation. What law applies? Who enforces the law? Who prosecutes the person – and where? I thought I’d do a little research and quickly find the answers. As it turns out, a complicated combination of federal, state, and tribal law governs Indian Country, including the Qualla boundary. And the answers to these questions vary depending on the race of the perpetrator and the victim and the nature of the crime. First, what is the Qualla Boundary? The Eastern Cherokee Indian Reservation (also known as the Qualla Boundary) is home to the Eastern Band of Cherokee Indians, a federally recognized Indian tribe. The reservation is situated in Jackson and Swain counties on land held in trust by the United States. A handful of state highways (Hwys 19, 74, and 441) and the Blue Ridge Parkway traverse the territory. The land qualifies as “Indian Country,” for purposes of federal laws that, in certain circumstances, divest the state of criminal jurisdiction. See United States v. Welch, 822 F.2d 460 (4th Cir. 1987). Exclusive federal jurisdiction over certain crimes committed by or against Indians. States generally lack jurisdiction over crimes committed by or against “Indians” in Indian Country. See United [...]
Faculty Coordinators
