Question

If a member of the Cherokee tribe committed a crime in Indian Territory, which cour is responsible for the trial?

Answer 1

Answer:

The courts of the tribe are responsible for the trial.

Explanation:

The State can not apply penalty provided in the Penal Code to an indigenous person when the accused has already been punished by the tribe.

The federal prosecutors have explained that under the rule of the Statute, the application by tribal groups, according to their own institutions, of criminal or disciplinary sanctions against their members, provided they are not cruel or defamatory, in any case punishable of death.

Public lawyers also argued that in this case the so-called "customary law" should prevail, in which customs practiced in the tribe must prevail over formal law.

Answer 2

If a crime was committed in Indian Territory by a member of the Cherokee nation, Indian courts hold sovereign for the trial.