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Absentee-Shawnee Tribe of Indians of Oklahoma

 

Absentee Shawnee Tribe of Indians of Oklahoma Tribal Code
Criminal Procedure
Chapter One. Preliminary Provisions

Section 101. Prosecution of Offenses

(a) No person shall be punished for an offense except upon a legal conviction, including a plea or admission of guilt or nolo contendere in open court, by a court of competent jurisdiction, provided, however, that no incarceration or other disposition of one accused of an offense prior to trial in accordance with this Title shall be deemed punishment.

(b) All criminal proceedings shall be prosecuted in the name of the Tribe as Plaintiff, against the person charged with an offense, referred to as the Defendant.

(c) The case number prefix assigned to criminal actions shall be sufficient different and unique from the prefix assigned to other types of cases to clearly distinguish them.

Absentee Shawnee Criminal Procedure Code Section 101, AST CRIM PRO CODE Section 101



Section 102. Rights of Defendant

In all criminal proceedings, the Defendant shall have the following rights:

(a) To appear and defend in person or by counsel except:

(1) Trial of traffic or hunting and fishing offenses not resulting in injury to any person, nor committed while using alcohol or non prescription drugs may be prosecuted without the presence of the Defendant upon a showing that the defendant received actual notice five (5) days prior to the proceeding, if no imprisonment is ordered, and any fine imposed does not exceed fifty dollars ($50.00)

(2) The Defendant may represent himself or be represented by an adult enrolled Tribal member with leave of the Court, if such representation is without charge to the defendant, or by any attorney or advocate admitted to practice before the Tribal Court, but no Defendant shall have the right to have appointed professional counsel provided at the Tribes' expense. However, the privilege to have counsel appointed may be granted by the Court or any Tribal law as may be provided in the rules of the Court relating to attorneys and lay advocates.

(b) To be informed of the nature of the charges against him and to have a written copy thereof;

(c) To testify in his own behalf, or to refuse to testify regarding the charge against him, provided, however, that once a defendant takes the stand to testify on any matter relevant to the immediate proceeding against him, he shall be deemed to have waived all right to refuse to testify in that immediate criminal proceeding. He shall not, however, be deemed to have waived his right to remain silent in other distinct phases of the criminal trial process.

(d) To confront and cross examine all witnesses against him, subject to the Evidence Code.

(e) To compel by subpoena the attendance of witnesses in his own behalf;

(f) To have a speedy public trial by an impartial judge or jury as provided in this Title;

(g) To appeal in all cases;

(h) To prevent his present or former spouse from testifying against him concerning any matter which occurred during such marriage, except;

(1) In any case in which the offense charged is alleged to have been committed against the spouse or the immediate family, or the children of either the spouse or the defendant, or against the marital relationship;

(2) Any testimony by the spouse in the defendant's behalf will be deemed a waiver of this privilege.

(i) Not to be twice put in jeopardy by the Tribe for the same offense.

Absentee Shawnee Criminal Procedure Code Section 102, AST CRIM PRO CODE Section 102



Section 103. Limitation of Prosecution

(a) Every criminal proceeding except an offense for which banishment is a possible punishment shall be commenced within three (3) years of the date of commission and diligent discovery of the offense, or prosecution for that offense shall be forever barred. Every criminal offense for which banishment is a possible punishment shall be commenced within seven (7) years of the date of commission and diligent discovery of the offense, or prosecution for that offense shall be forever barred.

(b) If an offense is committed by actions occurring on two (2) or more separate days, the offense will be deemed to have been committed on the day the final act causing the offense to be complete occurred.

(c) The date of “diligent discovery” is the date at which, in the exercise of reasonable diligence, some person other than the defendant and his co conspirator(s) know or should have known that an offense had been committed.

(d) Time spent outside the jurisdiction of the Tribe for the purpose of avoiding prosecution shall not be counted toward the limitation period to begin prosecution.

Absentee Shawnee Criminal Procedure Code Section 103, AST CRIM PRO CODE Section 103



Section 104. No Common Law Offenses

No act or failure to act shall be subject to criminal prosecution unless made an offense by some statute of the Tribe.

Absentee Shawnee Criminal Procedure Code Section 104, AST CRIM PRO CODE Section 104



Section 105. Definition of Felony

(a) Every crime which carries the possibility of banishment within the body of the section proscribing conduct and punishment shall be considered a crime of a grave and serious nature and be designated a felony.

(b) Every crime which does not carry the possible punishment of banishment within the body of the section proscribing conduct and punishment shall be considered a lesser crime and designated a misdemeanor.

(c) Section 2(b) of the Code of Criminal Offenses shall not be used to enhance an otherwise misdemeanor offense to a felony status.

Resolution No. AS-93-32, Dated September 1, 1993.

Absentee Shawnee Criminal Procedure Code Section 105, AST CRIM PRO CODE Section 105

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