| Duro v. Reina | |
|---|---|
 | |
| Argued November 29, 1989 Decided May 29, 1990 | |
| Full case name | Albert Duro v. Edward Reina, Chief of Police, Salt River Department of Public Safety, Salt River Pima-Maricopa Indian Community, et al. |
| Docket no. | 88-6546 |
| Citations | 495 U.S. 676 (more) 110 S. Ct. 2053; 109 L. Ed. 2d 693; 1990 U.S. LEXIS 2696; 58 U.S.L.W. 4643 |
| Argument | Oral argument |
| Case history | |
| Prior | Duro v. Reina, No. CIV. 84-2107 PHX.WPC, 1985 WL 260639 (D. Ariz. Jan. 8, 1985), vacated by 851 F.2d 1136 (9th Cir. 1987) |
| Subsequent | On remand, 910 F.2d 673 (9th Cir. 1990); on remand, No. CIV 84–2107–PHX–RGS, 1994 WL 714015 (D. Ariz. Nov. 16, 1990) |
| Holding | |
| An Indian tribe may not assert criminal jurisdiction over a nonmember Indian. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Kennedy, joined by Rehnquist, White, Blackmun, Stevens, O'Connor, Scalia |
| Dissent | Brennan, joined by Marshall |
| Laws applied | |
| Indian Civil Rights Act of 1968, 25 U.S.C. §§ 1301 et seq. | |
Superseded by | |
| Department of Defense Appropriations Act of 1991 | |
Duro v. Reina, 495 U.S. 676 (1990), was a United States Supreme Court case in which the Court concluded that Indian tribes could not prosecute Indians who were members of other tribes for crimes committed by those nonmember Indians on their reservations. The decision was not well received by the tribes, because it defanged their criminal codes by depriving them of the power to enforce them against anyone except their own members. In response, Congress amended a section of the Indian Civil Rights Act, 25 U.S.C. § 1301, to include the power to "exercise criminal jurisdiction over all Indians" as one of the powers of self-government.