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United States v. Lara
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United States v. Lara : ウィキペディア英語版
United States v. Lara

''United States v. Lara'', , was a United States Supreme Court case which held that both the United States and a Native American (Indian) tribe could prosecute an Indian for the same acts that constituted crimes in both jurisdictions. The Court held that the United States and the tribe were separate sovereigns; therefore, separate tribal and federal prosecutions did not violate the Double Jeopardy Clause.〔''United States v. Lara'', (hereinafter cited as ''Lara'').〕
In the 1880s, Congress passed the Major Crimes Act, divesting tribes of criminal jurisdiction in regard to several felony crimes. In 1990, the Supreme Court ruled in ''Duro v. Reina'' that an Indian tribe did not have the authority to try an Indian criminally who was not a member of that tribe. The following year, Congress passed a law that stated that Indian tribes, because of their inherent sovereignty, had the authority to try non-member Indians for crimes committed within the tribe's territorial jurisdiction.
The defendant, Billy Jo Lara, was charged for acts that were criminal offenses under both the Spirit Lake Sioux Tribe's laws and the federal United States Code. Lara pleaded guilty to the tribal charges, but claimed double jeopardy against the federal charges. The Supreme Court ruled that double jeopardy did not apply to Lara since "the successive prosecutions were brought by separate and distinct sovereign bodies".〔, (2008).〕
== Background ==


抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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