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Indians experience violence at twice the rate of any other racial group in the United States. Violence against Indian women is particularly severe; in fact, Congress stated the rate of violence against Indian women has become an “epidemic.” Aside from its prevalence, violence against Indians is unique because, unlike other racial groups, the majority of crimes committed against Indians are perpetrated by non-Indians. The high rate of crimes against Indians is attributable to Indian country’s peculiar jurisdictional rules. Most notably, tribes cannot prosecute non-Indians. This limitation is not a product of the 1700s or 1800s; rather, it is a result of the Supreme Court’s 1978 decision in Oliphant v. Suquamish Indian Tribe. Oliphant has been widely critiqued in legal scholarship, but it remains the law. Jurisdictional limitations are compounded by Indian country’s geographic isolation, meaning tribes rely on law enforcement agents that are often located more than 100 miles away. Not only are state and federal law enforcement far away; they have little incentive to prioritize Indian country crime. Consequently, criminals have been known to target reservations.
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