1. Regarding the concern of preservation and protection of the heritage of the Native American culture, the American government legislated and implemented several laws and condition towards the benefits and rights of the Native American society. However, on actual situation, the implementing power of these amendments creates certain conflict over the concern of actual criminal justice system considering the jurisdiction of law enforcement and procedural system.
Consider for example in this concern is the situation over the conflict of interest between the Native American societies in South Dakota and the federal government of America regarding the production of industrial Hemp.
The latter on this argument mainly considers the said biological object to an illegal drug mainly as a form of marijuana however, the former strongly perceive a strong economic and health benefit from the production of the Hemp from which their society can benefit. On this matter, the right of the Native American society to cultivate and propagation plants and products from which they can benefit comes in conflict with the interest of the federal government to rid of illegal drugs.
In this conflict, the former party argue perceiving the benefit they can obtain from the said product yet the latter does not recognize the said benefits furthermore considers Hemp as an illegal drug.
2. 5 Tribal members of the Pine Ridge Reservation in South Dakota are caught off of the reservation with 1 1/2 pounds of cocaine, an abundance of money and firearms. The ring leader is caught with 11 1/2 gram packets in her pocket. These arrests later uncover a drug ring with a conspiracy to distribute cocaine on the reservation and 17 other people are arrested. Who has jurisdiction?
Considering the nature of the situation given, the issue of jurisdiction over the systematic procedure creates a certain issue regarding the involved parties in the stated matter. With the involvement of the different concern in the case mentioned, certain complication arises wherein one overlaps the interest of the other. Considering the elements involved in the issue, as the main offenders are Native Americans, the approach regarding the criminal justice system for the offense must also incorporate the stated status. However, as the offense is serious in nature namely it is against the drug prohibition act, jurisdiction over this matter must also be strongly applied. In addition, considering the scenario implied in the description, the offenders are caught outside the reservation area possessing a significant amount of illegal drugs, money and firearms thus, violating numerous serious laws. Considering this factor, punishment over the crimes must be applied in accordance to state and federal laws.
To further complicate the matter, the apprehension of the initial five tribal member offenders lead to the uncovering of a drug ring involved in an attempt to distribute illegal drugs over the reservation area leading to the arrest to another 17 offenders. In this aspect, the operation involves entering the reservation area thus, must also consider the security laws involved in the protection and preservation of their status. However, as the threat and the crime group is already within the reservation area, local police department must be involved in the clearing operation for handling the said offense case. Considering the said concerns, the jurisdiction conflict in this situation can be resolved by simple coordination and information network. By the nature, the first offense was clearly in the state and federal jurisdiction leading to the discovery of the drug operation conspiracy. However, as the application of the discovery is applicable inside the reservation area, the local law enforcement must be notified and must be the one responsible to act upon the matter. Coordination and cooperation between the two party is possible and significant advantageous to apprehend the involved group in the possible drug circulation within the Pine Ridge Reservation area.
Cite this Hypothetical Situation
Hypothetical Situation. (2016, Oct 14). Retrieved from https://graduateway.com/hypothetical-situation/