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Can They Do That? Understanding Prosecutorial Discretion
Final Notice-Past Due: The Challenges and Cost of Justice in the wake of McGirt v Oklahoma [CC]
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Final Notice-Past Due: The Challenges and Cost of Justice in the wake of McGirt v Oklahoma [CC]
Convicted in an Oklahoma state court of violent sex crimes occurring on Muscogee (Creek) Nation lands, Jimcy McGirt argued that under 19th century treaties, he, as a Seminole, could only be prosecuted in a tribal or federal court because Congress never disestablished reservation boundaries that encompass much of eastern Oklahoma. In a 5-4 decision United States Supreme Court Justice Neil Gorsuch wrote, "Yes, promises were made, but the price of keeping them has become too great, so now we should just cast a blind eye. We reject that thinking. If Congress wishes to withdraw its promises, it must say so. Unlawful acts, performed long enough and with sufficient vigor, are never enough to amend the law." Panelists will address the estimated $2 billion shortfall resulting from McGirt and what must be done now to ensure proper administration of justice for delayed cases and cases going forward.
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Closed Captioned.
Convicted in an Oklahoma state court of violent sex crimes occurring on Muscogee (Creek) Nation lands, Jimcy McGirt argued that under 19th century treaties, he, as a Seminole, could only be prosecuted in a tribal or federal court because Congress never disestablished reservation boundaries that encompass much of eastern Oklahoma. In McGirt v Oklahoma, the Court, by a 5-4 vote, reaffirmed the Muscogee (Creek) Nation's treaty reserved reservation boundaries and held that the State did not have criminal jurisdiction over McGirt. This program will:
- The program will assist you in identifying how the McGirt decision has created jurisdictional, logistical and funding challenges for the prosecution of crimes committed on historic tribal lands in Oklahoma and, prospectively, perhaps elsewhere if and when McGirt is applied outside Oklahoma,
- Help you identify that although McGirt v.Oklahoma was a criminal case the decision implicates the contours of tribal jurisdiction and highlights the need to clarify what laws and regulations apply to lands located insidereservation boundaries, and
- Show you how compliance with McGirt will require aggressive systemic alterations and funding from Congress which previously failed to adequately address these issues for more than a century.
Product Details
Product Code
JD2110MGRTOLC
Duration
90
Publication Date
10/7/2021 12:00:00 AM
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