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McGirt v. Oklahoma: How SCOTUS tribal ruling will impact crimes in Oklahoma

Posted at 7:55 PM, Jul 13, 2020
and last updated 2020-07-14 14:55:55-04

Since the landmark U.S. Supreme Court decision that addresses and resolves significant jurisdictional issues raised in McGirt v. Oklahoma, there are many questions being asked from property rights to crime.

READ MORE: Supreme Court rules much of eastern Oklahoma remains tribal reservation

On Monday, the Muscogee (Creek) Nation answered some of those questions on its Facebook page.

The tribe said the Nation and the state are committed to ensuring offenders face justice for the crimes for are committed to maintaining public safety and long-term economic prosperity for the Nation and Oklahoma.

One question asked does this ruling place convictions in question and will Native American people who are in state prison automatically be released?

The Nation said individuals in prison will not be automatically released and the ruling will impact few convictions.

Any person whose conviction might be affected will either remain in prison or face re-prosecution and re-incarceration by tribal or federal authorities, according to the Nation.

Another question asked what does this decision mean for non-Natives and property ownership if they live within the boundaries of the Muscogee (Creek) Nation or other tribal nations?

The nation said it does not affect anyone's property ownership and that all existing contracts, leases, and title to property remain as they were.

They also broke down how crime will be handled.

Tribal and federal court will handle Native on Native crime, Native on non-Native crimes and Native victimless crime.

Federal court will handle non-Native on Native crimes. State and federal court will handle non-Native on non-Native crime and non-Native victimless crime.

For more FAQs about the McGirt v. Oklahoma ruling, click here.

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