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2 Land & Water L. Rev. 151 (1967)
Criminal Jurisdiction in the National Parks - A Clarification

handle is hein.journals/lawlr2 and id is 159 raw text is: CRIMINAL JURISDICTION IN THE NATIONAL PARKS--A CLARIFICATION During the year 1966, the 50th anniversary of the National Park Service, a record 137 million Americans will visit the 231 areas administered by the Service. An increas- ingly pressing problem for the Service's Ranger Division is the effective and efficient administration of justice. During the 1965 calendar year a service wide report showed a 35.7% increase in serious offenses. They included murder, man- slaughter, rape, robbery, burglary, larceny and auto theft. These offenses totalled 1,284 compared to 946 in 1964. In addition there were 25,060 misdemeanors and petty crimes reported for the same period. The petty crimes involved attacks on persons and property; lewd and disorderly con- duct; traffic, boating and fishing violations; vandalism; etc. To complete the picture, 1,842 traffic accidents resulting in property damage totaling $947,024 were investigated by National Park Service officers.' Unfortunately, those who prey on the public at home have found him to be an easy mark at his weekend retreat and in his summer vacation spots. The increase in crime in the National Parks may logically be attributed to our unique exposures. For example, park visitors being on the so-called carefree vacation, are not likely to be overly security-conscious of their persons or property, and are ideal prey for the criminal .... .' As it relates to the National Parks, the concept of juris- diction, that is, the authority, power, or right to act, has been an elusive one. The courts and administrative agencies of the federal government have spoken of three types of jurisdiction: exclusive, concurrent, and proprietary. Areas of exclusive jurisdiction are federal reservations or federal enclaves over which state and local governments have no authority.' Exclusive jurisdiction is acquired by three means: 1) Federal acquisition of land with state consent under Article I, section 8, clause 17 of the United States 1. National Park Service, Informational Memorandum Analysis of Summary Reports--Law Enforcement and Traffic Safety, 1965 Calendar Year. 2. Ibid. 3. Examples of National Parks under the exclusive jurisdiction of the United States are: Yellowstone, Yosemite, Rocky Mountain.

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