An Analysis of Crimes on Tribal Land in Oklahoma: Using Incident-Based Reporting Data

By Kara Miller,  Derek Still

In July 2020, the United States Supreme Court ruled in McGirt v. Oklahoma, 140 S.Ct. 2452, that the Muscogee (Creek) Nation’s reservation, contained within Oklahoma, was never disestablished by Congress and as a result, the State of Oklahoma lacked criminal jurisdiction on reservation land. As a result of this ruling, major crimes committed within this region with a tribal offender(s) or victim(s) could not be prosecuted in state court. These crimes must be investigated and processed through federal or tribal jurisdictions (law enforcement and court systems). While this decision initially only affected the Muscogee (Creek) Nation, it was later expanded to four other Nations (Cherokee, Chickasaw, Choctaw, and Seminole) through rulings from the Oklahoma Court of Criminal Appeals; together, these five Nations are known as the Five Civilized Tribes (Figure 1). This area encompasses approximately 40 of Oklahoma’s 77 counties (51.9%). The McGirt ruling, as well as those that followed which addressed other tribes, has impacted all aspects of the criminal justice system in Oklahoma including but not limited to local (city and county), state, tribal, and federal law enforcement agencies and court systems. In the aftermath of these rulings, law enforcement agencies are required to assess not only if the reported crime took place within Indian Country but also if either the offender and/or victim was native. This evaluation is essential to the process as it determines jurisdiction to investigate and, if needed, prosecute the crime. This ruling significantly impacted the number of resources needed by the various local, state, tribal, and federal law enforcement and court entities to effectively investigate and prosecute crimes in Oklahoma. Considering how this ruling impacts the resources of the criminal justice community in Oklahoma, the Statistical Analysis Center (SAC) identified an opportunity for further research. The SAC was interested in examining crimes reported in the geographic area of the Five Civilized Tribes as well as surveying the criminal justice community. The SAC analyzed reported crime to identify any changes in reporting practices whether it be the number of crimes or an increase/decrease in individuals reported as American Indian/Alaskan Native (AI/AN). When surveying law enforcement agencies and court systems, the SAC was interested in learning how these entities have responded to the McGirt decision, and how it impacted their agency.  

Oklahoma City: Oklahoma State Bureau of Investigation, Office of Criminal Justice Statistics 2023. 67p.