How A Horrific Murder In Oklahoma Might Turn Half The State Into An Indian Reservation...

Del
Innbygg
  • Publisert 10. jan.. 2019
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    Sources/Important Links:
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    www.supremecourt.gov/oral_arguments/argument_transcripts/2018/17-1107_4gcj.pdf
    www.supremecourt.gov/DocketPDF/17/17-1107/34619/20180206172951133_17-__PetitionForAWritOfCertiorari.pdf
    www.scotusblog.com/2018/12/justices-call-for-more-briefing-in-dispute-about-oklahoma-prosecutions-of-native-americans/
    www.washingtonpost.com/outlook/2018/11/28/half-land-oklahoma-could-be-returned-native-americans-it-should-be/?utm_term=.42a17424be8a
    www.ca10.uscourts.gov/opinions/07/07-7068.pdf
    www.supremecourt.gov/DocketPDF/17/17-1107/38438/20180309192355230_17-1107%20Royal%20v.%20Murphy.pdf
    newrepublic.com/article/147472/grisly-murder-case-turn-half-oklahoma-back-tribal-lands
    www.cityofgroveok.gov/building/page/tribal-muscogee-creek-nation-indian-territory
    digital.lib.washington.edu/dspace-law/bitstream/handle/1773.1/178/Koski_Author%20Copy.pdf?sequence=1
    www.oyez.org/cases/2018/17-1107
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    Edited by: Aaron Pepper, Julie Goldberg, James Girardier
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    Writing/Research: Philip DeFranco, Cody Snell
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    #Oklahoma #Reservation #SupremeCourt
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Kommentarer • 7 038

  • Dj Genius
    Dj Genius 11 timer siden

    Stop stealing people's land and stop breaking treaties and this won't happen... It's not a good excuse to say "it would be an inconvenience"

  • Nicholas Kazantzidis
    Nicholas Kazantzidis 14 timer siden

    We killed starved forced generations of people and continue to do so.

  • Jenny Agrippa
    Jenny Agrippa 22 timer siden

    All of the u.s and canada are reserve land...in essence...so what is the argument? based on some backwards logic that europeans decided 200 years ago? Hilarious.

  • Jenny Agrippa
    Jenny Agrippa 22 timer siden

    Interesting how this incident brings up the can of worms which is the history of the united states...the blook spilled here is simply a reflection of the blood spilled by first nations as settlers and the government sought to relocate them. What a blood bath.

  • Nova Lee
    Nova Lee Dag siden

    Personally, as a Native American, I think that since they never legally dissolved the borders of the land legally it is Native land. That much is simple, but the bigger issue here isn't recognizing it legally, the issue is what comes after. They would be forced to retry all of those cases, and it sounds like there's a weak chance of that ending with all of those criminals getting the same sentencing. So it would likely put 100's of those criminals back out into the world to commit crimes again. The taxes I think would be far easier to figure out than they want people to believe.
    It's really dirty of this Lawyer to bring up something like this. Because now the courts are stuck between a rock and a hard place, refresh the borders or recognize what rightfully belongs to the Native Americans, legally already does. The risk of letting almost all of those criminals free is too high. I think that the best option would be for the Tribal courts to just agree with the charges on all those criminals so that it takes that risk off the table. But then it'll slide into taxes and the Federal court will fight to the death not to lose the taxes. I honestly want that land to be recognized, finally, as reservation land, but all the problems it's like to cause are likely what will stop it from happening. I hope the Tribal courts fight just as hard and come to an agreement because this would be a huge win for Native Americans all over.

  • fall of society
    fall of society Dag siden

    Philip Defranco has officially destroyed his credibility. He has revealed himself as a biased corporate leftist hack who should not be trusted. His little smile is clearly a mask to hide his smug lying tendencies.

  • Taylor Meeuse
    Taylor Meeuse 2 dager siden

    I think the point is not the murder, the murderer or the victim it's that American and Canadians are illegally living on land that government and court recognizes as native land but nobody really knows that or cares ! SHARE INDIGENOUS HISTORIES!

  • maya7169
    maya7169 2 dager siden

    I'd love for Phil's team interview tribal elders or the local community on what they are looking to achieve here. (In a follow up video) Clearly, the guy is guilty. He admitted it- no way he's getting off scot free under any legal system. My personal belief is that the larger 'releasing criminals' bit is probably overblown too, if we got down into the weeds. Is the bigger goal to have Oklahoma publically acknowledged as Native territory? Sounds like not much changes for non-members. Is this really just a clever way to avoid the death penalty for life in prison instead?

  • EcnalKcin
    EcnalKcin 3 dager siden

    I can see how this could be a real mess, but I think that if the federal and state governments sit down with the various tribes they can hash out something that works for everyone. At the very least, if the reservation was never legally downsized, the original boundaries still exist.

  • prince howell
    prince howell 3 dager siden

    Niggas do it, it’s call street law

  • prince howell
    prince howell 3 dager siden

    Y’all white folk just stole land, y’all should just let the natives check there own people

  • Blane Pillai
    Blane Pillai 4 dager siden

    When the judge herself says something unfounded with such disregard. Guzi ai.

  • Melanie Drake
    Melanie Drake 4 dager siden

    What punishment would he get for this horrible murder according to Indian laws? This is quite a scary situation that he would just be let go cause of where he decided to brutally murder this innocent man....

  • Damien Edmiston
    Damien Edmiston 4 dager siden

    To be honest, this is such a complicated issue. On one hand I agree that the land should be recognized as a reservation. However, the reopening of past criminal cases could pose a big problem, at pointed out, those past the statute of limitations and bringing up trauma to victims. It would be easy to say that "from here on out, trials will be dealt with in tribal courts, but cases that have already reached a verdict are not effected" but I feel like it's not that simple and could in fact open the doors to more problems.

  • Isabel Mitri
    Isabel Mitri 4 dager siden

    What can I do about this?

  • Brian Watson
    Brian Watson 4 dager siden

    Look up the IMDB for the movie "Wind River" Then look up Tribal laws as it pertains to each individual tribe.

  • M Barranca
    M Barranca 4 dager siden

    Your sub from Oklahoma :-/

  • Samantha Swamwich
    Samantha Swamwich 5 dager siden

    Oh fuck is the audio bad on this wyd bb

  • East Coast Freestyle
    East Coast Freestyle 5 dager siden

    So the states argument is hey we've been fuckin them this long why stop now

  • Can't B you
    Can't B you 5 dager siden

    It's great to see you do the real news instead of just another TMZ

  • Two Good
    Two Good 5 dager siden

    seems like the murder is open and shut. However I do just LOVE the gymnastics that history has gone through. As horrendously awful relocating the Natives was, seeing the just slow dicking they got in the decades to come I'm not sure it was actually a kindness to deed land to their nations. Such paper platitudes, "Hey, were gonna take your shit! But don't worry you get this real neat land over here until we say you don't"

  • The Kilt Guy
    The Kilt Guy 5 dager siden

    You can claim or identify as an indian but if you don't have a CDIB card you should not be able to claim to be indian to get out of jail or prison. If you live on a reservation most indians have a CDIB card.

  • Eazy
    Eazy 5 dager siden

    I really, really hate the American government. their selfish, power/money hungry and don't care for anyone even there own people and.. AUSTRALIA #1

  • HarryMonmouth
    HarryMonmouth 5 dager siden

    A reservation is a pretty big deal. Something like that should not be able to be destroyed by implication. If the government wanted to get rid of them, then they would have to be pretty explicit they wanted to do so. If they did, then there are going to be some pretty hefty ethical arguments to overcome. You can't escape that task, by sneakily, and gradually changing and altering things to the point where you can say, 'Ha, beat you. No more reservation for you. Ha ha.' Additionally, the only people who can stand a chance of ending the reservation, with even so much as a halfway ethically supportable stance, is the native nations themselves.

  • James IDK
    James IDK 5 dager siden

    My girlfriend lives there
    -stops and thinks-
    Oh. Shit

  • Adam Daly
    Adam Daly 5 dager siden

    6:34 That's not a fucking human voice

  • GlitchedWolfe
    GlitchedWolfe 5 dager siden

    Indian? They're called Aboriginal or First Nations peoples. Indians are people FROM INDIA

  • Alex Harris
    Alex Harris 6 dager siden

    NO-clip just now notified me about this video and put it in my subscriptions

  • lendial
    lendial 6 dager siden

    godamn american history is awful and cruel

  • Apache Sparatan
    Apache Sparatan 6 dager siden

    Same shit just different day...

  • Nicholas Hogan
    Nicholas Hogan 6 dager siden

    This is the most interesting court debate I've seen in years. I'd love to see follow up when it's settled.

  • Hitesh Sharma
    Hitesh Sharma 6 dager siden

    Good Night.

  • francine bacone
    francine bacone 6 dager siden

    Mi'kmaw here. I thought you did an excellent job of explaining this history. Thank you very much for taking the time to do so!

  • Hi! I’m Amy Love
    Hi! I’m Amy Love 6 dager siden

    I’m a lifetime Oklahoman and have never heard of this...I live in the Oklahoma City metro verses the Tulsa metro but still...

  • Ryan Witschger
    Ryan Witschger 6 dager siden

    I think the 10 decades of precedent should be a basis for the boundary. If everyone has assumed that the boundary is X for 100 years, then I think the court should stay out of it. It's not a democracy if the opinions of all of the people living there mean absolutely nothing. Obviously borders are not something that is voted upon, but precedents should be able to set outcomes in a democracy.

  • Phara0h6nyne
    Phara0h6nyne 6 dager siden

    I say, make the whole state a reservation . 🤷🏽‍♂️

  • DBArtsCreators
    DBArtsCreators 6 dager siden

    I wonder if we'll now see Native Americans losing their reservations (or at least legal control over them); after all, having law-free reservations in the middle of states that can still affect your people and money is hazardous.

  • MultiBeerme
    MultiBeerme 6 dager siden

    Ignorance of the borders is not a excuse to not be subject to the jurisdiction within those borders.
    It's time those treaties were honored. Only from there can we work to fix things.

  • SilentGaming
    SilentGaming 6 dager siden

    I feel like they should pass a new law about murders and death penalties. If you kill someone and get the death penalty for it you should die the same way as the way you murdered your victim like the day after and as long as there is enough evidence to tie you to the case. Like for example, in this case, he got the death penalty because he beat a GF ex, slashed his throat and cut his you know what off that someone should do the same to him. Enough is enough when you got the guy and you know he killed the victim, just do that same kill on him, stop lethal injection and fire squad, let the murderer get the same medicine he decided to give to others. We do not need this garbage human wasting our precious resources, he needs to get killed now! or send him to space and let his lifeless body float in an endless time of eternity, either or works for me.

  • Tru83ful nuffsaid
    Tru83ful nuffsaid 7 dager siden

    And if that's the case the Indians are speaking up then they can have all the murders and all the rapists and all the felons and we want them all to stay on Indian land and they cannot come anywhere outside the borders of that tribal land.

  • Tru83ful nuffsaid
    Tru83ful nuffsaid 7 dager siden

    No those Indians are f***** if they've got a problem they need to speak up otherwise there's no reason to retry a bunch of f****** criminals end of story

  • Max Azzopardi
    Max Azzopardi 7 dager siden

    I think the "Hello, Hello, Hello" intro needs to stay

  • Straph
    Straph 7 dager siden

    What a lovely can of worms.

  • Ash Love
    Ash Love 7 dager siden

    I just took American Indian Law in law school. The jurisdictional fights are crazy and often unfair to tribal members. It's sickening.

  • Cody Gornall
    Cody Gornall 7 dager siden

    I think it's ridiculous how these people are trying to get off by using their native heritage for an excuse and not taking responsibility for their own actions. I don't care who you are if you commit a violent crime you should be held accountable for your own actions! Stop trying buying your way out and be responsible! You kill or you rape someone or any crying you should be held accountable no matter what! So yes this guy does deserve the death penalty and the rapist deserves either death or life in prison!

  • A FlyingBenCh
    A FlyingBenCh 7 dager siden

    I wish to follow this. America is confusing, but on this topic, Canada really isn't better. So now I'm Listening

  • Bahb Silunt
    Bahb Silunt 7 dager siden

    It's not practical to act like an enlightened nation while repeatedly destroying the remnants of the indiginous culture that came before. Oklahoma used to be called the 'Indian Territory' and yes, the US gave sovereignty to these 5 tribes over this region. It's completely unfair to keep taking their land and their rights.
    If you make a deal you should keep to it. We hold individuals to that standard using the courts. That concept should doubly apply to governments.

  • WolfgangLMclain
    WolfgangLMclain 7 dager siden

    I think the courts have no business making a legislative decision, which is why I'm disturbed to hear the Justices arguing over the practicality of the case when the reality is that you have lives built around injustice, rectifying that wrong is not going to be practical but it is going to be right. Rule in favor, and let the executive and legislative negotiate the consequences.

  • Hunter Campbell
    Hunter Campbell 7 dager siden

    its so sad that a murder is what brings attention to this issue, that the USA doesn't care about our native sovereignty

  • Angel Henriquez
    Angel Henriquez 7 dager siden

    Give them their land. It's not yours.

  • Kati Aaarrgh
    Kati Aaarrgh 7 dager siden +1

    Although I want the defendant to be brought to justice, I do think the lands should indeed be considered tribal lands. We fucked the Native Americans over plenty. Too bad if this becomes inconvenient for thousands of people. Do you think the Trail of Tears was any less convenient for thousands of people?

  • J Tizzle
    J Tizzle 7 dager siden

    Am I the only person concerned that if an Indian reservation of this size is formed it may allow a twisted medicine man or fraudulent drum carrier access to enough spirit totems to unleash some sort of anti WINDIGOKAN? For the purpose of raising as much hysteria as possible I will name this entity KAWAKACHUK THE EATER OF WHEAT. He will attack summoning huge cyclones of famine devouring as much unprocessed wheat barely and maize as possible, using it to both starve us and form some kind of franken-vegetable troopers. THE ONLY WAY TO STOP THIS BEING IS TO PROCESS THIS FOOD!!!! So send me your cooked vegetables! Use your flour to bake me cakes!! mail them too me!!! as a half- Ojibwa Who showed a borderline interest in my fathers very serious walking of the red road, I am more than qualified to bless these products and free them from KAWAKACHUKS sinister glutenous hordes!!!

  • macsnafu
    macsnafu 7 dager siden

    This is an interesting question, especially considering that I'm an Oklahoman who lives in Tulsa. I've long known that the Indian tribes had an unusual position in regard to the state of Oklahoma, but this issue seems to have been mostly ignored by most people. While it's possible that a major change might result, I'm inclined to doubt that much of anything will happen. If the land *does* revert to Indian territory, then the tribes will face considerable common law and common usage issues that have now existed for decades.

  • *Reymatik Beats*
    *Reymatik Beats* 7 dager siden

    Native pride ✊🏽

  • abraham dominguez
    abraham dominguez 7 dager siden

    IT'S NO LONGER PRACTICAL, TOO LONG NO CHANGE, TOO MANY IMPLICATIONS!

  • Elizabeth McCracken
    Elizabeth McCracken 7 dager siden

    I get that clients can be innocent and some defense attorneys are fighting for the right reasons but these people giving their all to get a murder, who doesn’t deny murdering at all, out of prison is just beyond me! I don’t know how you even live with yourself! The only benefit I can gather is the paycheck. I personally couldn’t do it though!

  • Jesse Nuzum
    Jesse Nuzum 7 dager siden

    I love how now that it’s white people that will be displaced and forced off a land they perceive as their own everyone’s got a problem, but murder a few thousand natives it’s no big deal.

  • Rigging Doctor
    Rigging Doctor 7 dager siden

    Thanks for this deep dive!

  • DaPinkBublé
    DaPinkBublé 7 dager siden

    Lmfao do white people believe the narrative that the government "white man" just took the land now?

  • Cheshire Kitten
    Cheshire Kitten 7 dager siden

    The land belongs to the Native Americans. If they dont want you to sell beer in it, you heard the boss.
    Its theirs. What. You havent kept your promises EVER amd now youre worried that if you do the colonizers will be uncomfortable?

  • Samia Kekia
    Samia Kekia 7 dager siden

    And yet these are the same ppl who would argue that immigrants are taking our jobs and whatnot. The same America who fought to give the Jews their “land back” which they belonged to hundreds of years ago.
    The hypocrisy and irony is real people.
    The law says it’s theirs then just give it to them. Maybe instead of ignoring it find a better way your federal court can process effectively and not lets those thousands of prisoners who you prosecuted illegally get away.
    And as for the comments say it the criminals way of deflecting attention of his crime, what do you think is gonna happen to him in federal court? With all that evidence he surly will not get away. No no my friends this is about your government trying to swindle the natives on yet another agreement.

  • Magus Mxviil
    Magus Mxviil 7 dager siden

    How would a positive tuning affect Indian vs. non Indian crime?

  • aaron e
    aaron e 7 dager siden

    The treaty is still valid but tbh i don't see the US government willing giving up taxation power over half a state in this day in age i mean come on now

  • 3rdeye Brand
    3rdeye Brand 7 dager siden

    colonial Americans was clever.. i tell you ... How can you create a rule/law from this air and then put it in effect... ugh... disgusting

  • Jose Fernandez
    Jose Fernandez 7 dager siden

    So they took their land. Then gave them a pice back. Then tried taking that pice again. Now their bitching bc they are “settled” and can’t imagine what it would be if the Natives took it back. Karma is a bitch.

  • Anibal Perez
    Anibal Perez 8 dager siden

    It's native lands, should be treated as such, just because our ancestors chose to ignore the boundaries and illegally sold land doesn't change the fact that it;s native land
    Yes it's going to suck, but the state and federal governments are at fault for choosing to go that route

  • Caitlin Williams
    Caitlin Williams 8 dager siden

    If people are intrigued by the jurisdictional complications in this case, I would recommend researching the murder and rape cases in Alaska. Alaska has 3x the national sexual assault rate, with most of the cases being perpetrated against AN women by AN and non-AN women. The cases become very complicated with in the case of a non-AN attacker to a AN victim, it could become tri-jurisdictional.

  • JustJoshingYa
    JustJoshingYa 8 dager siden

    Man people should be glad I'm not the state or federal judge. If it were up to me the moment you were given the death penalty, without a doubt as to your crimes that you indeed were the evil in the world, I'd have you dragged outside and shot the day of your sentencing.

  • skye gregory
    skye gregory 8 dager siden

    The court should absolutely recognize the land as a reservation... because it is. Whites have destroyed their home and thr natives had no power to stop it, it was their land first, we must give it back.

  • Brianna Grayhek
    Brianna Grayhek 8 dager siden

    I'm beyond irritated, cuz this case has nothing to do with tribal litigation!!! It has everything to do with his crime and the fact that he killed 2 people!!!!! This has turned into a debate over something that has absolutely nothing to do with what this asshole did!!!!!

  • Ryan Carignan
    Ryan Carignan 8 dager siden

    It should be recognised as first nation land, simply because of the fact that it is.

  • Devoney Taylor
    Devoney Taylor 8 dager siden

    Something that still confuses me is the use of the term "Indian" in the states. Is it not considered offensive to say to an indigenous person? so why is it okay to have in the laws and in the title of the video? Just curious, I don't actually know if that's the official term or not but in canada it's considered ignorant and wrong, people from India are Indians... (obviously 'native' people to the states are native americans and not indians so logistically i'm confused...)

  • Broccoli Rob
    Broccoli Rob 8 dager siden

    I’m not usually one to be outraged but I can’t stand the ignorance. Especially for this channel. Calling Native Americans “Indian” is just dumb. There’s no excuse in 2019 to be that ignorant.

  • dudo247
    dudo247 8 dager siden

    This whole thing is absurd. Referencing over hundred year old documents, segregating state by race, corrupting the legal system. But nothing surprising, it is the US.

  • dudo247
    dudo247 8 dager siden

    This is how the show should always look like... Philip talking.

  • Electrohead
    Electrohead 8 dager siden

    My money is on John Carpenter, he’s my favourite director ‘

  • Emily Freeman
    Emily Freeman 8 dager siden

    I would be in that reservation area

  • hayley ortega
    hayley ortega 8 dager siden

    I hope the Native Americans get this land back.... regardless of how many people this may affect it is long overdue!!!!!

  • hayley ortega
    hayley ortega 8 dager siden

    You mean *Native Americans

  • Taylor Braet
    Taylor Braet 8 dager siden

    If this was in Canada they would a reservation no doubt what so ever but Canada respects their natives a lot more even though they say they don’t

  • Because Racecar
    Because Racecar 8 dager siden

    Dude still deserves to die. idgaf where it happened, he killed someone...

  • Raven
    Raven 8 dager siden

    Good job explaining some native history to those who never got the chance to learn it in school with the rest of American history. Videos like this spark curiosity in people to do their own research and look further into subjects like this.

  • Lee Joel Beasley
    Lee Joel Beasley 8 dager siden

    It all BS it just a way to overturn the "Death Penalty"


    I was against the penalty because the The church was against it. But i had a nightmare that my brother was murdered.
    Now i say execute the murderer/killers or a 15 cent bullet from me can handle it. one way or another .

  • Divad Nwahs
    Divad Nwahs 8 dager siden

    It's an interesting dilemma. However, in this case, Murphy's lawyer (not related to the adage "If anything can go wrong, it will") makes reference to Laches Doctrine, in the states' convictions of criminal cases. Laches Doctrine is a civil law defense, not a criminal law defense. The criminal law counterpart is Statute of Limitations. Either way, I would be interested to see if it could be applied, since, the various convictions were not delayed, per se, but, rather, the cases were potentially adjudicated by an improper authority. I may be wrong, on this, but, I haven't seen a criminal defense asserting Laches Doctrine. I have seen many Tort claims get knocked down, however, by the Laches Doctrine defense.

  • Alexander Burchfield
    Alexander Burchfield 8 dager siden +1

    You da best Philly D!

  • Elijah Baker
    Elijah Baker 8 dager siden

    I'm from OK and I like statehood more than reservation-hood

  • Run trunks
    Run trunks 8 dager siden

    Amazing video!

  • Boi Blue
    Boi Blue 8 dager siden

    August 28 1999 literally the day I was born

  • Robin Morgan
    Robin Morgan 8 dager siden

    Wow! IDK what to think!?

  • Miss
    Miss 8 dager siden

    Finally a show I can watch. I personally don't care about celebs or youtube controversy.

  • Joseph Simeon
    Joseph Simeon 8 dager siden

    What a great video. Wasn't going to watch but just great.

  • Wayne Paul
    Wayne Paul 8 dager siden

    I love hearing native news as a tribal citizen of the Pokagon band of politics potawatomi

  • Wayne Paul
    Wayne Paul 8 dager siden

    I hope it does

  • Joe Stokes Neustadt
    Joe Stokes Neustadt 8 dager siden

    SuUp?

  • Cecilio Hernandez
    Cecilio Hernandez 8 dager siden

    Just a fun story I want to share, so I knew this state police officer following these drunk drivers when he decided to pull them over they quickly drive into the reservation and started laughing because he had no authority. He walked up and educated them in being dual certified as a tribal peace officer. He detained them and held them for tribal police to arrive.

  • Stonemansteve II
    Stonemansteve II 8 dager siden

    My name is John Jacob Jingleheimer Schmidt!!!

  • miggie2099
    miggie2099 8 dager siden

    This is a self hating black not native American so that law doesn't apply to him

  • Jocelyn Prier
    Jocelyn Prier 9 dager siden

    Omg this land was always stolen. Give the native americans their damn land back and respect whatever decisions they make about it.

  • Galfor
    Galfor 9 dager siden +1

    Fuckers abusing bad laws. Cool.

  • Bashfluff
    Bashfluff 9 dager siden

    Our relations with Native American tribes have always been inconsistent and strange. We may have to face the fact that due to our own actions, it may not even be practical to cede authority over these lands, given that so many non-natives live in them. They have rights too, just by virtue of living their under their government. I don't mind tribal lands in concept, but it's just so painfully clear that the United States rarely has took them seriously until fairly recently, and so the rules that govern this whole process have been shown to be spotty at best.
    It may honestly be better to just pay these Native Americans instead.