Shooting Down Oliphant: Self-Defense as an Answer to Crime in Indian Country

Crime is a dire public safety problem in Indian country as Indians suffer violent crime at twice the rate of any other racial group. Indian country’s unique and confusing jurisdictional scheme combined with a shortage of police leave Indians easy targets for those looking to commit crimes. A largely unexplored answer to crime in Indian country is self-defense. This Article posits that the United States self-defense jurisprudence may make self-defense the most practical solution to crime in some parts of Indian country.

The Article discusses the history of self-defense laws and the relationship between self-defense laws and firearms. The Article next discusses the evolution of self-defense laws in the United States. The Article then provides an overview of the historical relationship between Indians and guns as well as gun rights and self-defense laws in Indian country today. An examination of criminal justice in Indian country follows along with a discussion of issues that may confront tribal self-defense laws.