Standing Rock Sioux Tribal Code of Justice
SRST Code of Justice T. III,
Title III. Criminal Procedures
GENERAL NOTES
As amended by the Standing Rock Sioux Tribe February 2003
Standing Rock Sioux Tribe Code of Justice T. III, , SRST COJ T. III,
Current through Dec. 1, 2010
SRST COJ § 3-101
3-101. Complaint
SRST Code of Justice § 3-101
Title III. Criminal Procedures
Chapter 1. Complaint
3-101. Complaint
(a) A complaint is the written statement of the essential facts charging that a named individual has committed a particular criminal offense. All criminal prosecutions shall be initiated by a complaint filed with the Court and sworn to by;
1. a person having personal knowledge of the offense;
2. the parent or guardian of a child who has personal knowledge of the offense; or
3. a law enforcement officer having probate cause to believe the offense has been committed.
(b) Complaints shall contain:
(1) The signature of the complaining witness, or witnesses, sworn to before a judge, a clerk or assistant clerk or any law enforcement officer.
(2) A written statement by the complaining witness or describing in ordinary language the nature of the offense committed including the time and place as nearly as may be ascertained.
(3) The name or description of the person alleged to have committed the offense.
(4) A description of the offense charged.
Law enforcement officers shall submit complaints without unnecessary delay to the Chief Prosecutor or Assistant Prosecutor who shall screen them for sufficiency. Complaints shall then be submitted without unnecessary delay to a judge who will determine whether an arrest warrant or summons should be issued.
Standing Rock Sioux Tribe Code of Justice § 3-101, SRST COJ § 3-101
Current through Dec. 1, 2010
SRST COJ § 3-102
3-102. Time Limit For Commencing Criminal Prosecution
SRST Code of Justice § 3-102
Title III. Criminal Procedures
Chapter 1. Complaint
3-102. Time Limit For Commencing Criminal Prosecution
No prosecution for an offense under this Code shall be maintained unless the complaint is filed within one (1) year after the commission of the offense. Time during which the accused is outside the jurisdiction of the Court, for whatever reason, shall not be included in this one (1) year time limit.
Standing Rock Sioux Tribe Code of Justice § 3-102, SRST COJ § 3-102
Current through Dec. 1, 2010
SRST COJ § 3-201
3-201. Arrest
SRST Code of Justice § 3-201
Title III. Criminal Procedures
Chapter 2. Arrests
3-201. Arrest
(a) Arrest is the taking of a person into police custody in order that he may be held to answer for a criminal offense.
(b) No law enforcement officer shall arrest any person for a criminal offense except when:
(1) A judge has signed a warrant commanding the arrest of such person and the arresting officer has the warrant in his possession or know for a certainty that such a warrant has been issued; or
(2) The offense shall occur in the presence of the arresting officer; or
(3) In the case of felony, an officer shall have probable cause to believe that the person arrested committed the offense.
Standing Rock Sioux Tribe Code of Justice § 3-201, SRST COJ § 3-201
Current through Dec. 1, 2010
SRST COJ § 3-202
3-202. Arrest Warrants
SRST Code of Justice § 3-202
Title III. Criminal Procedures
Chapter 2. Arrests
3-202. Arrest Warrants
(a) Judges shall have authority to issue warrants to arrest if they find that there is probable cause to believe that an offense against tribal law has been committed by the named accused, based on sworn written statements or sworn oral testimony.
(b) The arrest warrant shall contain the following information:
(1) Name or description and address, if known, of the person to be arrested.
(2) Date of issuance of the warrant.
(3) Description of the offense charged.
(4) Signature of the issuing Judge.
(c) The warrant shall be executed by the arrest of the defendant. The officer need not have the warrant in his possession at the time of the arrest, but upon request shall, as soon as possible, show it to the defendant.
(d) A warrant shall not be executed outside the boundaries of the Reservation.
Standing Rock Sioux Tribe Code of Justice § 3-202, SRST COJ § 3-202
Current through Dec. 1, 2010
SRST COJ § 3-203
3-203. Notification of Rights At Time of Arrest
SRST Code of Justice § 3-203
Title III. Criminal Procedures
Chapter 2. Arrests
3-203. Notification of Rights At Time of Arrest
Upon arrest the suspect shall be advised immediately of the following rights:
(1) That he has the right to remain silent.
(2) That any statements made by him may be used against him in court.
(3) That he has the right to obtain counsel at his own expense.
(4) That he has the right to make at least one completed telephone call to a friend and at least one completed call to a lay counselor or attorney immediately after being registered and identified at the jail, or sooner if there is an unreasonable delay in taking the accused to the jailor in processing at the jail.
Standing Rock Sioux Tribe Code of Justice § 3-203, SRST COJ § 3-203
Current through Dec. 1, 2010
SRST COJ § 3-204
3-204. Summons In Lieu of Warrant
SRST Code of Justice § 3-204
Title III. Criminal Procedures
Chapter 2. Arrests
3-204. Summons In Lieu of Warrant
(a) A law enforcement officer or a judge may, in lieu of a warrant, issue a summons commanding the accused to appear before the Court at a stated time and place and answer to the charge.
(b) The summons shall contain the same information as a warrant, except that it may be signed by a police officer.
(c) The summons shall state that if a defendant fails to appear in response to a summons, a warrant for his arrest shall be issued.
(d) The summons, together with a copy of the complaint, shall be served upon the defendant by delivering a copy to the defendant personally or by leaving a copy at his usual residence or place of business with a person of suitable age and discretion who also resides or works there. Service shall be made by an authorized law enforcement officer, who shall make a return of service which shall be filed with the records of the case.
Standing Rock Sioux Tribe Code of Justice § 3-204, SRST COJ § 3-204
Current through Dec. 1, 2010
SRST COJ § 3-301
3-301. Search Warrant
SRST Code of Justice § 3-301
Title III. Criminal Procedures
Chapter 3. Searches
3-301. Search Warrant
(a) A search warrant is a written order, signed by a tribal judge, directing a law enforcement officer to conduct a search and seize property specified in the warrant. A warrant shall describe the person, property, or place to be searched and shall describe the property to be seized.
(b) A search warrant shall be issued only by a judge and only upon probable cause that a search will discover: (1) stolen, embezzled, contraband or otherwise unlawfully possessed property; (2) property which has been or is being used to commit a criminal offense; or (3) property which constitutes evidence of the commission of a criminal offense. Such probable cause shall be supported by a sworn written statement or sworn oral testimony. Warrants shall be served only by authorized law enforcement officers.
Standing Rock Sioux Tribe Code of Justice § 3-301, SRST COJ § 3-301
Current through Dec. 1, 2010
SRST COJ § 3-302
3-302. Execution and Return of Search Warrant
SRST Code of Justice § 3-302
Title III. Criminal Procedures
Chapter 3. Searches
3-302. Execution and Return of Search Warrant
The executing officer shall return the warrant to the Court within the time limit shown on the face of the warrant, which in no case shall be longer than 10 days from the date of issuance; Warrants not returned within such time limits shall be void. The warrant shall be served between 7:00 a.m. and 9:00 p.m., unless the judge, upon a showing of good cause therefore inserts a direction that it is served at some other time.
Standing Rock Sioux Tribe Code of Justice § 3-302, SRST COJ § 3-302
Current through Dec. 1, 2010
SRST COJ § 3-303
3-303. Search Without A Warrant
SRST Code of Justice § 3-303
Title III. Criminal Procedures
Chapter 3. Searches
3-303. Search Without A Warrant
The tribe shall not violate the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizure, nor issue warrants, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized.
Standing Rock Sioux Tribe Code of Justice § 3-303, SRST COJ § 3-303
Current through Dec. 1, 2010
SRST COJ § 3-304
3-304. Disposition of Seized Property
SRST Code of Justice § 3-304
Title III. Criminal Procedures
Chapter 3. Searches
3-304. Disposition of Seized Property
(a) The officer serving and executing a warrant shall make an inventory of all property seized and a copy of this inventory shall be left with every person from whom property is seized.
(b) A hearing shall be held by the Court to determine the disposition of all property seized by the police. Upon satisfactory proof of ownership, the property shall be delivered immediately to the owner, unless the property is contraband or is to be used as evidence in a pending case. Property seized as evidence shall be returned to the owner after final judgment. Property confiscated as contraband shall be destroyed or otherwise lawfully disposed of as ordered by the Court.
Standing Rock Sioux Tribe Code of Justice § 3-304, SRST COJ § 3-304
Current through Dec. 1, 2010
SRST COJ § 3-305
3-305. Exclusion of Unlawfully Obtained Evidence
SRST Code of Justice § 3-305
Title III. Criminal Procedures
Chapter 3. Searches
3-305. Exclusion of Unlawfully Obtained Evidence
The Court shall prohibit the introduction or use at trial of any evidence seized in a search conducted in violation of Section 3-303 and may, in addition, recommend to the chief law enforcement officer of the Reservation any appropriate disciplinary actions against the law enforcement officer conducting the unlawful search.
Standing Rock Sioux Tribe Code of Justice § 3-305, SRST COJ § 3-305
Current through Dec. 1, 2010
SRST COJ § 3-401
3-401. Arraignment
SRST Code of Justice § 3-401
Title III. Criminal Procedures
Chapter 4. Arraignment and Release
3-401. Arraignment
(a) Arraignment is the bringing of an accused before the Court, informing him of his rights and of the charge against him, receiving his plea, and setting conditions of pre-trial release as appropriate in accordance with this code.
(b) Arraignment shall be held in open court without unnecessary delay after the accused is taken into custody and in no instance shall arraignment be later than the next regular session of Court.
(c) Before an accused is required to plead to any criminal charges the Judge shall:
(1) Read the complaint to the accused and determine that he understands the complaint and the section of the tribal code which he is charged with violating, including the maximum authorized penalty; and
(2) Advise the accused that he has the right (a) to remain silent, (b) to have a speedy and public trial where he will be confronted with witnesses against him after he has had sufficient time to prepare his defense if he pleads “not guilty,” (c) to be tried by a jury if the offense charged is punishable by imprisonment, and (d) to be represented by counsel at his own expense, before he pleads to the charge.
(d) If the arrest was without a warrant, and the defendant is to be continued in custody the Judge shall also determine during arraignment whether there is probable cause to believe that an offense against tribal law has been committed by the named accused.
(e) The Judge shall call upon the defendant to plead to the charge:
(1) If the accused pleads “not guilty” to the charge, the Judge shall then set a trial date and consider conditions for release prior to trial as provided in Section 3-402(a).
(2) If the accused pleads “guilty” to the charge, the Judge shall accept the plea only if he is satisfied that the plea is made voluntarily and the accused understands the consequences of the plea, including the rights which he is waiving by the plea. The Judge may then impose sentence or defer sentencing for a reasonable time in order to obtain any information he deems necessary for the imposition of a just sentence. The accused shall be afforded an opportunity to be heard by the Court prior to sentencing.
(3) If the accused refuses to plead, the Judge shall enter a plea of “not guilty” on his behalf.
Standing Rock Sioux Tribe Code of Justice § 3-401, SRST COJ § 3-401
Current through Dec. 1, 2010
SRST COJ § 3-402
3-402. Release Before Final Judgment of Conviction
SRST Code of Justice § 3-402
Title III. Criminal Procedures
Chapter 4. Arraignment and Release
3-402. Release Before Final Judgment of Conviction
(a) Prior to trial. At arraignment, the Judge shall decide whether to release the defendant from custody pending trial. As conditions of release, the Judge may, to assure the accused appearance at all times lawfully required:
(1) require the accused to deposit cash or other sufficient collateral, in an amount specified by the Judge;
(2) require the accused, and/or any other designated person or organization satisfactory to the Judge, to execute a written promise to appear or to deliver the accused at all required times;
(3) impose reasonable restrictions on the travel, association or place of residence of the accused;
(4) impose any other condition deemed reasonably necessary to assure the appearance of the accused as required.
(b) By Police Officer. Any law enforcement officer authorized to do so by the Court may admit an arrested person to bail pending trial pursuant to a bail schedule and conditions prepared by the Court.
(c) Pending Appeal. A convicted person may be released from custody pending appeal on such conditions as the Judge determines will reasonably assure the appearance of the accused unless the Judge determines that release of the accused is likely to pose a danger to the community, to himself, or to any other person.
(d) The Court may revoke its release of the defendant and order him committed at any time where it determines that the conditions of release will not reasonably assure the appearance of the defendant, or if any conditions of release have been violated.
Standing Rock Sioux Tribe Code of Justice § 3-402, SRST COJ § 3-402
Current through Dec. 1, 2010
SRST COJ § 3-403
3-403. Withdrawal of Guilty Plea
SRST Code of Justice § 3-403
Title III. Criminal Procedures
Chapter 4. Arraignment and Release
3-403. Withdrawal of Guilty Plea
The Court may, in its discretion, allow a defendant to withdraw a plea of guilty if it appears that the interest of justice and fairness would be served by doing so.
Standing Rock Sioux Tribe Code of Justice § 3-403, SRST COJ § 3-403
Current through Dec. 1, 2010
SRST COJ § 3-501
3-501. Rights of Defendant In Criminal Cases
SRST Code of Justice § 3-501
Title III. Criminal Procedures
Chapter 5. Trial Proceedings
3-501. Rights of Defendant In Criminal Cases
No person shall twice be put in jeopardy for the same offense, nor shall he be compelled in any criminal case to be a witness against himself. The accused shall have the right to a speedy and public trial, the right to be confronted with witnesses against him, the right to assistance of counsel at his own expense and the right to demand trial by an impartial jury if the offense or combination of offenses, charged is punishable by imprisonment.
Standing Rock Sioux Tribe Code of Justice § 3-501, SRST COJ § 3-501
Current through Dec. 1, 2010
SRST COJ § 3-502
3-502. Issuance of Subpoenas
SRST Code of Justice § 3-502
Title III. Criminal Procedures
Chapter 5. Trial Proceedings
3-502. Issuance of Subpoenas
(a) Upon request of the defendant or upon the Court's own initiative, the Court shall issue subpoenas to compel the testimony of witnesses, or the production of books, records, documents or any other physical evidence relevant to the determination of the case and not an undue burden on the person possessing the evidence. An employee of the Court may act on behalf of the Court and issue subpoenas which have been signed by a tribal judge and which are to be served within the confines of the Reservation.
(b) A subpoena shall bear the signature of the Chief Judge or an Associate Judge of the Court and it shall state the name of the Court, the name of the person or description of the physical evidence to be subpoenaed, the title of the proceeding, and the time and place where the witness is to appear or the evidence is to be produced.
Standing Rock Sioux Tribe Code of Justice § 3-502, SRST COJ § 3-502
Current through Dec. 1, 2010
SRST COJ § 3-503
3-503. Service of Subpoenas
SRST Code of Justice § 3-503
Title III. Criminal Procedures
Chapter 5. Trial Proceedings
3-503. Service of Subpoenas
(a) A subpoena may be served at any place within or without the confines of the Reservation, but any subpoena to be served outside the Reservation shall be issued personally by a judge of the court.
(b) A subpoena may be served by any law enforcement officer or other person appointed by the Court for such purpose. Service of a subpoena shall be made by delivering a copy of it to the person named or by leaving a copy at his usual place of residence or business with any person 01 suitable age and discretion who also resides or works there.
(c) Proof of service of the subpoena shall be filed with the Court by noting on the back of a copy of the subpoena the date, time, and place that it was served and noting the name of the person to whom it was delivered. Proof of service shall be signed by the person who actually served the subpoena.
Standing Rock Sioux Tribe Code of Justice § 3-503, SRST COJ § 3-503
Current through Dec. 1, 2010
SRST COJ § 3-504
3-504. Failure To Obey Subpoena
SRST Code of Justice § 3-504
Title III. Criminal Procedures
Chapter 5. Trial Proceedings
3-504. Failure To Obey Subpoena
In the absence of a justification satisfactory to the Court, a person who fails to obey a subpoena may be deemed to be in contempt of court.
Standing Rock Sioux Tribe Code of Justice § 3-504, SRST COJ § 3-504
Current through Dec. 1, 2010
SRST COJ § 3-505
3-505. Witness Expenses
SRST Code of Justice § 3-505
Title III. Criminal Procedures
Chapter 5. Trial Proceedings
3-505. Witness Expenses
(a) Each witness answering a subpoena shall be entitled to reimbursement for mileage expenses at the current rate paid by General Services Administration and a $25 witness fee.
(b) The expenses provided for in this section shall be paid by the Tribe upon disposition of the case. Witness fees and expenses may be taxed as costs against a defendant who is found guilty and in such case a judgment for the costs shall be entered against the defendant, provided however, that no defendant shall be imprisoned solely because of an inability to pay such costs. No tribal court employee or law enforcement officer is entitled to a witness fee or mileage if subpoenaed to testify in an official capacity.
(c) If the Court finds that a complaint was not filed in good faith but with a frivolous or malicious intent, it may order the complainant to reimburse the Tribe for expenditures incurred under this section, and such order shall constitute a judgment against the complainant.
Standing Rock Sioux Tribe Code of Justice § 3-505, SRST COJ § 3-505
Current through Dec. 1, 2010
SRST COJ § 3-506
3-506. Trial Procedure
SRST Code of Justice § 3-506
Title III. Criminal Procedures
Chapter 5. Trial Proceedings
3-506. Trial Procedure
(a) The time and place of court sessions, the rules of evidence to be followed by the Court and all other details of judicial procedure may be set out in rules of court.
(b) The defendant shall be present in court at every stage of the trial, including impaneling the jury, return of the verdict, and imposition of the sentence.
(c) All testimony of witnesses shall be given orally under oath in open court and subject to the right of cross examination. Documentary and tangible evidence shall also be received in open court and available to the defendant.
(d) The defendant is presumed to be innocent. The prosecution has the burden of proving the defendant's guilt beyond a reasonable doubt, including the facts that a crime has actually been committed, and that the defendant committed it with the requisite intent, when intent is an element of the offense.
(e) The prosecution shall present its case first, followed by the case of the defendant. If rebuttal is required, the prosecution shall proceed first, followed by the defendant.
(f) At the conclusion of the evidence, the prosecution and defendant each in turn shall summarize the proof and make final argument, with the prosecution having the right of final rebuttal.
(g) All records relating to statements or confessions of the defendant, or reports of physical, mental, or other scientific tests or examinations relating to or performed on the defendant, when in the possession or control of the Tribe, shall be open to inspection and copying by the defendant.
(h) At any time in the trial process, the Judge may appoint an interpreter of his own selection and may fix the reasonable compensation of such interpreter. An interpreter through whom testimony is communicated shall be put under oath to faithfully and accurately translate and communicate as required by the Judge.
Standing Rock Sioux Tribe Code of Justice § 3-506, SRST COJ § 3-506
Current through Dec. 1, 2010
SRST COJ § 3-507
3-507. Right To Jury Trial
SRST Code of Justice § 3-507
Title III. Criminal Procedures
Chapter 5. Trial Proceedings
3-507. Right To Jury Trial
(a) Any person accused of a crime punishable by imprisonment shall be granted a jury trial, upon his or her request made at time of arraignment. A jury shall consist of at least six members of the Tribe selected at random from a list of eligible jurors prepared each year by the Court.
(b) An eligible juror is a tribal member who has reached the age of 18 years, is of sound mind and discretion, has not been convicted of a felony, has not been dishonorably discharged from the Armed Services, is not a member of the Tribal Council, or a judge, officer, or employee of the Court, and is not otherwise disqualified according to standards established by the Court.
(c) A list of at least 21 resident enrollees of the Tribe who are eligible for jury duty shall be prepared and maintained by the clerk. Each voting district on the Reservation shall be represented on the list.
(d) Under the supervision of the presiding Judge, a panel of jurors shall be drawn by lot from the jury list. A trial jury shall consist of six (6) qualified jurors selected from a panel of ten (10) eligible persons taken from the jury list, none of whom has an interest in the case, or is related as spouse, parent, brother or sister to any of the parties or their attorneys. If the jury panel is exhausted before a sufficient number of jurors are selected for the trial jury, additional jurors shall be drawn by lot from the jury list for the panel until a trial jury is selected.
(e) The Judges of the Court shall have the power to issue subpoenas to compel the attendance of members of the jury panel and of trial jurors. Subpoenas shall be signed by the Judge issuing them.
(f) The Judge assigned to the case shall have the power to excuse persons from jury duty on account of sickness or disability, or for other good cause.
(g) Each party may question members of the panel of prospective jurors for the purpose of selecting a trial jury.
(h) In criminal cases, in addition to disqualifying jurors for cause as determined by the Judge, the prosecution and the defendant shall each be entitled to two peremptory challenges without assigning any cause. Where there is more than one defendant, they must join in a challenge before it can be made unless the Court, for due cause shown, shall permit otherwise, or shall permit each defendant to exercise two peremptory challenges.
(i) Each member of the jury panel called to service and each juror who serves upon a jury shall be entitled to compensation at a rate to be fixed by the Court, and may, in the discretion of the presiding Judge, be allowed mileage at a rate to be fixed by the Court. All payments of per diem and mileage shall be supported by vouchers signed by the presiding Judge. Such vouchers shall be paid in order of presentation, from available funds on deposit for the purpose.
(j) The Judge shall instruct the jury with regard to the applicable law and the jury shall decide all questions of fact on the basis of that law. At the close of evidence or at such earlier time during the trial as the Judge directs, any party may file with the Judge written instructions on the law which the party requests the Judge to deliver orally to the jury. At the same time copies of such requests shall be furnished to the opposing party. The Judge shall inform each party of his proposed action upon each request prior to the arguments to the jury, but the Judge shall deliver his instructions to the jury after arguments are completed. No party may assign as error any portion of the Judge's charge or any omission unless he makes his objection and gives his reasons for it before the jury retires to consider its verdict. Opportunity shall be given to make the objection out of the hearing of the jury.
(k) After deliberation in private, the jury in criminal cases shall return to the Judge in open court a verdict of “Guilty” or “Not Guilty” with respect to each defendant. A verdict in criminal cases shall be rendered by the jury unanimously.
Standing Rock Sioux Tribe Code of Justice § 3-507, SRST COJ § 3-507
Current through Dec. 1, 2010
SRST COJ § 3-601
3-601. Sentences
SRST Code of Justice § 3-601
Title III. Criminal Procedures
Chapter 6. Sentences
3-601. Sentences
Any person who has been convicted of an offense enumerated in this Code may be sentenced by the Court to one or a combination of the following penalties:
(a) Imprisonment for a period not to exceed the maximum permitted by the code provision defining the offense. Imprisonment may be continuous or intermittent. On any sentence of imprisonment, credit shall be given for all time spent in custody in an institution as a result of the charge for which the sentence was imposed. Imprisonment may include commitment to an appropriate institution or program, either on or off the Reservation, for care, treatment, evaluation, or rehabilitation of the offender. Anyone receiving physical custody of a person sentenced by the Court shall be acting solely as an agent of the Tribe and Court. Jurisdiction over a person sentenced to a program or institution off the Reservation shall be absolutely retained by the Tribe and the Court. No placement off the Reservation shall be valid unless first approved in writing by the Chief Judge and any order of such placement shall specify that the Tribe and the Court retain jurisdiction over any person so placed. Any agreement by the Court with another agency to provide for the care and custody of any Indian shall be null and void if set aside by a majority vote of the Tribal Council as not in the best interests of the Tribe.
(b) A money fine in an amount not to exceed the maximum permitted by the code provision defining the offense. If the Court determines that a convicted offender is unable to pay forthwith a money fine assessed under this section or costs assessed under Section 3-505(b) of this Code, the Court shall allow him a reasonable period of time to pay the entire sum or allow him to make installment payments to the Clerk of the Court at specified intervals until the entire sum is paid. If the offender defaults on such payments the Court may find him in contempt of court and punish him accordingly, but no person shall be held in contempt of court where nonpayment is because of indigency. Any convicted person may, if he so chooses, elect to serve time in prison at the rate of five (5) dollars per day to be credited against any fine or costs such person owes.
(c) In addition to or in lieu of the penalties provided above, the Court may require a convicted offender who has inflicted injury upon the person or property of another to make restitution or compensation to the injured person by means of the surrender of property, payment of money damages, or the performance of any other act, including appropriate work detail, for the benefit of the injured party.
(d) In its discretion, the Court may suspend all or any portion of such sentence at any time and release the convicted offender on probation under any reasonable conditions imposed by the Court. These conditions may include a requirement that the convicted offender perform labor for the benefit of the Tribe under the supervision of such person as the Court shall direct. If the convicted offender violates the conditions of his probation, the Court may, after giving him notice and the opportunity for a hearing in open court, revoke or alter the terms of his probation, and may, as a penalty for violation of the probation, impose an additional fine or imprisonment.
(e) In determining the character and duration of the sentence to be imposed, the Court shall take into consideration the previous conduct of the defendant, the circumstances under which the offense was committed, whether the offense was malicious or willful, and whether the defendant has attempted to make amends, and shall give due consideration to the extent of the defendant's financial resources and the needs of his dependents.
Standing Rock Sioux Tribe Code of Justice § 3-601, SRST COJ § 3-601
Current through Dec. 1, 2010
SRST COJ § 3-602
3-602. Forfeiture of Weapons
SRST Code of Justice § 3-602
Title III. Criminal Procedures
Chapter 6. Sentences
3-602. Forfeiture of Weapons
Any person owning and using a firearm, or any sharp or dangerous weapon, in the commission of an offense shall forfeit such weapon to the Tribe as a part of the sentence. Upon order of the Court, such weapon shall be destroyed, or sold at public sale after appropriate public notice, pursuant to the direction of the Court.
Standing Rock Sioux Tribe Code of Justice § 3-602, SRST COJ § 3-602
Current through Dec. 1, 2010
SRST COJ § 3-603
3-603. Notification of Right To Appeal
SRST Code of Justice § 3-603
Title III. Criminal Procedures
Chapter 6. Sentences
3-603. Notification of Right To Appeal
Following the imposition of judgment of guilty, except upon a plea of guilty, the Court shall inform the defendant that he has a right to appeal. If the defendant requests, the clerk of the court shall prepare and file a Notice of Appeal on behalf of the defendant.
Standing Rock Sioux Tribe Code of Justice § 3-603, SRST COJ § 3-603
Current through Dec. 1, 2010
SRST COJ Res. No. 023-03
Resolution No. 023-03
SRST Code of Justice Res. No. 023-03
Title III. Criminal Procedures
Resolutions
Resolution No. 023-03
WHEREAS, the Standing Rock Sioux Tribe is an unincorporated Tribe of Indians, having accepted the Indian Reorganization Act of June 18, 1934, with the exception of Article 16; and the recognized governing body of the Tribe is known as the Standing Rock Sioux Tribal Council; and
WHEREAS, the Standing Rock Sioux Tribe, pursuant to the amended Constitution of the Standing Rock Sioux tribe, Article IV, Section 1[c], and 1[o] is authorized to promote and protect the health, education and general welfare of the members of the Tribe; to manage, protect and preserve the property of the Tribe and to safeguard and promote the peace, safety, morals, physical and general welfare of the Tribe; and
WHEREAS, the Standing Rock Sioux Tribe Judicial Committee shall have the duty and responsibility to propose ordinance to govern the conduct of Indians on the Reservation, and the maintenance of law and order and the administration of justice by the courts on the Reservation and defining their duties and powers pursuant to Standing Rock Sioux Tribe Code of Justice Section 19-205[c] [5] and [6]; and
WHEREAS, the Judicial Committee has posted the amendments to Title III, Sections 3-101, 3-303, and 3-505 and has solicited comments, and has reviewed the proposed amendments in light of the comments; and
WHEREAS, the Judicial Committee at a duly called Special Meeting on February 3, 2003, duly moved seconded and passed a motion to recommend to the Standing Rock Sioux Tribal Council to adopt the proposed amendments;
NOW THEREFORE BE IT RESOLVED, the pursuant to the power vested in the Standing Rock Sioux Tribal Council under the Constitution of the Standing Rock Sioux Tribe, the foregoing amendments to Title III, Sections 3-101, 3-303, 3-505, be and the same is hereby approved.
BE IT FURTHER RESOLVED, that the Chairman and Secretary of the Tribal Council are hereby authorized and instructed to sign this resolution for and on behalf of the Standing Rock Sioux Tribe.
CERTIFICATION
We, the undersigned, Chairman and Secretary of the Tribal Council, are hereby certify that the Tribal Council is composed of [17] members, of whom 14, constituting a quorum, were present at a meeting thereof, duly and regularly, called, noticed, convened and held on 14th day of FEBRUARY, 2003, and that the foregoing resolution was duly adopted by the affirmative vote of 10 members, with 1 opposing, and with 3 not voting. THE CHAIRMAN'S VOTE IS NOT REQUIRED, EXCEPT IN CASE OF A TIE.
DATED THIS 14th DAY OF FEBRUARY, 2003.
Standing Rock Sioux Tribe Code of Justice Res. No. 023-03, SRST COJ Res. No. 023-03
Current through Dec. 1, 2010