Duro v. Reina

Citation

495 U.S. 676 (1990)

Facts

Stub — to be completed.

Issue

Stub — to be completed.

Holding

Stub — to be completed.

Rule

Indian tribes lack inherent criminal jurisdiction over non-member Indians; tribal sovereignty has been implicitly divested with respect to criminal prosecution of nonmember Indians. (Congress subsequently overrode this holding by statute, 25 U.S.C. § 1301(2).)

Significance

Held that tribal criminal jurisdiction extends only to member Indians, not all Indians; Congress’s override illustrates that Congress can expand tribal jurisdiction and effectively restore inherent powers.

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