Publications | Book
Can They Do That? Understanding Prosecutorial Discretion
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:
JD2110MGRTOLC
90
10/7/2021 12:00:00 AM
Publications | Book
Can They Do That? Understanding Prosecutorial Discretion
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