Test Answers
| Publication year | 2009 |
| Pages | 89 |
2009, October, Pg. 89. Test Answers
October 2009
Vol. 38, No. 10 [Page 89]
Below are the answers to the test questions for all of the Government Law-related articles. The questions appear at the end of each article.
To receive nine CLE credits including one ethics credit, readers must complete the Affidavit of Accreditation and Certification on page 17 and submit it to the Colorado Supreme Court Board of Continuing Legal and Judicial Education.
Credit for reading the October 2009 articles will be granted for two years (through December 31, 2011).
Making Indian Country Safer:
Colorado's "Admirable" Experiment (Essay)
by Troy A. Eid
ANSWERS
1. b. Congress codified "Indian Country" in 1948. The term generally refers to all lands within the external boundaries of federal recognized Indian reservations, including rights-of-way across those lands, along with certain satellite or so-called "dependent" Indian communities.
2. a. In 1873, following the discovery of precious metals in the San Juan Mountains, Felix Brunot negotiated the agreement that bears his name to abrogate Ute rights to these same lands as previously promised in perpetuity by the U.S. government in the Ute Treaty of 1868. The Brunot Agreement of 1874 guarantees off-reservation hunting, fishing, and gathering rights in an area roughly bordered by the northern boundary of the two current Ute reservations in Colorado northward to a line from Montrose eastward.
3. a. Under the McBratney doctrine, states have exclusive criminal jurisdiction over crimes committed by non-Indians against other non-Indians within Indian Country, as well as non-Indian victimless crimes such as narcotics possession, driving while under the influence of drugs or alcohol, and prostitution.
4. c. According to Oliphant, Indian tribal governments may not exercise criminal jurisdiction over non-Indians for offenses allegedly committed in Indian Country, including misdemeanors and felonies. The U.S. Supreme Court reasoned that for tribes to retain such inherent criminal jurisdiction over non-Indian defendants would be inconsistent with the dependent status of tribal governments as limited by Congress.
5. b. On average, Indian Country across the United States is served by roughly one-half the criminal justice services, including but not limited to policing, as similarly situated rural communities off-reservation. This gap has persisted for many years according to successive reports by the Bush and Clinton Administrations.
6. a. Special Law Enforcement Commissions (SLECs) are cards entitling non-federal officers (tribal, state, and local) to make lawful federal arrests and issue federal citations. To earn this card, a qualified law enforcement officer who has passed a background check must successfully complete a SLEC course and exam approved by the BIA Indian Police Academy. The BIA also must have a written agreement with the affected tribal government that authorizes federal deputation.
7. c. Colorado state law does not apply to criminal offenses involving Indians arising on either of the two Indian nations headquartered in Colorado. This is in contrast to certain Indian reservations in so-called "Public Law 280" states, such as...
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