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

The OKSAC proposes to analyze incidents reported in the state incident-based reporting system (SIBRS) from selected agencies located within the geographic boundaries of the Five Civilized Tribes for calendar year 2019. The primary objective of the project will be to evaluate crime reporting trends in the region and evaluate the impact of the Supreme Court ruling in McGirt v. Oklahoma. Prior to the McGirt ruling, determination of what was Indian Country was based largely on identifying lands held in trust for a tribe by the federal government or allotment lands owned by tribal members. Determining criminal jurisdiction was already a complex issue based not solely on the location of the crime, but also the tribal membership status of the suspect(s)/arrestee(s) and victim(s) as well as the type of crime. Now, following the McGirt decision and subsequent Oklahoma Court of Criminal Appeals decisions, the tribal status of victim(s) and suspect(s)/arrestee(s) and types of offense must be carefully evaluated in roughly 29 of Oklahoma’s 77 counties in order to ensure the crimes are investigated and prosecuted by authorities with proper jurisdiction. In order to help law enforcement and prosecuting agencies in Oklahoma respond to these changes, the OKSAC will analyze crime data and publish a report detailing the number and types of offenses occurring within the counties roughly coinciding with the geographic boundaries of the Five Civilized Tribes, tribal status of victim(s) and suspect(s)/arrestee(s), and whether the location was identified as “Tribal Land” in the initial report.