Tribal Criminal Jurisdiction Beyond Citizenship and Blood

EXTRATERRITORIAL PUNISHMENT 56 (2010) ("The territorial scope of a state's criminal law is commonly regarded as a manifestation of its sovereignty.");Markus D. Dubber, Criminal Jurisdiction and Conceptions of Penality in Comparative Perspective, 63 U. TORONTO L.J. 247, 263 (2013) ("Criminal jurisdiction is just there, unquestioned, as the obvious manifestation of the state's penal power, itself the obvious manifestation of the state's stateless, its very sovereignty. . . .There is no theory of the so-called territoriality principle which determines jurisdiction based on the location of the crime within some sovereign's territory (or within some sovereignty, for short).Territorial jurisdiction just is.").2. See Am.Banana Co. v. United Fruit Co., 213 U.S. 347, 356 (1909) ("[T]he general and almost universal rule is that the character of an act as lawful or unlawful must be determined wholly by the law of the country where the act is done.");David Wolitz, Criminal Jurisdiction and the Nation-State: Toward Bounded Pluralism, 91 OREGON L. REV.725, 730 (2012).The doctrine of territoriality-according to which criminal jurisdiction is determined by the territorial location of the crime-seems to answer most questions about which criminal justice system has jurisdiction over which crimes.").In common law countries, the "territoriality principle" is so central that even extra-territorial extensions of criminal jurisdiction are often framed in terms of territory.Lindsay Farmer, Territorial Jurisdiction and Criminalization, 63 UNIV.OF TORONTO L.J. 225, 241-43 (2013) (describing territorial jurisdiction as "the central case and organizing idea" into which other cases were "either fitted . . .or treated as exceptions" and recounting fictions employed by courts to conclude that an act took place within a particular territory when in fact it did not); Dubber, supra note 1, at 265-66 (giving example of Canadian statute in which acts occurring in space http://digitalcommons.law.ou.edu/ailr/vol39/iss2/1 16.Robert Clinton coined the term "jurisdictional maze" in a seminal article.See Robert N. Clinton, Criminal Jurisdiction over Indian Lands: A Journey Through a Jurisdictional Maze, 18 ARIZ.L. REV.503 (1976) [hereinafter Clinton, Jurisdictional Maze].Clinton described tribal jurisdiction at the time as limited in practice, but potentially much broader in scope, and highlighted several grey areas in which tribes sometimes asserted jurisdiction but federal law neither expressly affirmed nor prohibited.Id. at 557-60.Indian country criminal jurisdiction is now commonly described as a "maze."See, e.g., INDIAN LAW & ORDER COMM'N, A ROADMAP FOR MAKING NATIVE AMERICA SAFER: REPORT