Latest Tribal Jurisdiction Ruling Raises Questions On Death Penalty Cases

The newest ruling on tribal jurisdiction in Oklahoma has raised questions about what’s next for death penalty cases in the state.

The Court of Criminal Appeals ruled last week that the case against death row prisoner Shaun Bosse should be dismissed. The case would likely be moved to federal court to be retried.

Related Story: Okla. Appeals Court: Cherokee, Chickasaw Nations Included In Tribal Jurisdiction Ruling

President Joe Biden said he wants to do away with the death penalty altogether, so now it's uncertain if that same punishment would even be an option if Bosse were to be convicted again. 

"The issue of the death penalty is a very peculiar one," Chickasaw Nation's Senior Counsel Stephen Greetham said. He said the tribe doesn't have a say in this case or the punishment. 

"As a non-Indian, we have no jurisdiction over him, therefore as far as the Chickasaw nation doesn't have any say in whether or not the federal government seeks the death penalty or not," Greetham said. 

However, President Biden has said he wants to do away with the death penalty, which could limit federal prosecutors from giving the same punishment as the state. On his official campaign website, President Biden said instead of the death penalty, those individuals should instead serve life sentences without probation or parole. President Biden has not made any statement regarding the death penalty since he took office. 

Last month, the Chickasaw nation stated their support for the victims in this case and their family, as well as encouraging prosecution for Bosse.

"The Bosse case is heartbreaking. I can tell you that no one bears the weight of this crime Bosse case like the family does," Greetham said. 

Greetham said the tribe has not taken a position on the death penalty yet, and said the best solution is to get clarity from Congress.

"There are reasonable positions on both sides as to why it should or should not be used. However, it accounts for a very small portion of cases. We're confident in our partnerships with the federal government and state of Oklahoma that we're going to see public safety be protected," Greetham said.