CHAPTER 16-4
JUDGMENT AND SENTENCE
16-4-1 Judgment.
A judgment of conviction shall set forth in writing the charge, plea, verdict or findings, and the sentence imposed. If the defendant is found not guilty or is otherwise entitled to be released, judgment shall be entered accordingly. The judgment shall be signed by the judge and entered by the clerk.
16-4-2 Sentence.
(A) Sentence shall be imposed without unreasonable delay in accordance with the provisions of the criminal statute or ordinance violated, and this Title. Pending sentence the court may commit the defendant to jail or continue or alter the bail. Before imposing sentence, the court shall allow counsel an opportunity to speak on behalf of the defendant and shall address the defendant personally and ask if the defendant wishes to make a statement on his or her own behalf and to present any information in mitigation of punishment.
(B) After imposing sentence, the court shall inform the defendant of the right of appeal, and if so requested, shall direct the clerk to file a notice of appeal on behalf to the defendant. At any time after a notice of appeal is filed, the court may entertain a motion to set bail pending appeal.
(C) Time served in jail prior to the judgment and sentence while awaiting or during trial shall be allowed as a credit toward any sentence of imprisonment or banishment imposed.
16-4-3 General Sentencing Provisions.
Statement of Policy. The sentencing policy of the Nation in criminal cases is to strive toward restitution and reconciliation of the offender and the victim and Nation. While one goal of sentencing is to impress upon the wrongdoer the wrong committed, the paramount goal is to restore the victim and Nation to the position that existed prior to the commitment of the offense, and to restore the offender to harmony with them and the community by requiring the offender to right the wrongdoing. Therefore, with consideration of these goals in mind, the provisions of this Chapter shall govern tribal sentencing for criminal offenses.
(A) Unless the court determines that the ends of justice will not be served thereby, or that a civil action will more adequately adjudicate damages in the specific case at hand, then in addition to any sentence otherwise provided by the law the court shall:
(1) Order the offender to pay restitution to the victim in money, property, or services and/or
(2) Order the offender to pay restitution to the Nation in money, property, or services.
(B) In effectuating tribal sentencing policy, if the offender recognizes the wrong committed, and earnestly repents of such wrong, the court, paying particular attention to prior offenses, in its discretion may:
(1) Allow such offender to exchange actual work performed for the Nation in lieu of a fine or imprisonment, at the rate of eight hours of work per $25.00 of fine,
(2) Place the offender on probation under such reasonable conditions as the court may direct for a period not exceeding three times the amount of the maximum sentence allowed,
(3) Defer entering the judgment and imposing sentence for a period not exceeding four times the maximum sentence allowed on condition that if the defendant violates no law and satisfies such other reasonable conditions such as restitution as may be imposed, the plea or verdict guilty will be withdrawn and said charges will be dismissed or
(4) In the discretion of the court, allow the offender to pay a fine in goods or commodities at the fair market value of the goods or commodities to be surrendered, provided, that the Nation shall not reimburse the offender for any excess value of the property surrendered.
16-4-4 Sentence of Banishment.
(A) Banishment Defined. Banishment is the traditional and customary sentence imposed by the Nation for offenders who have been convicted of offenses which violate the basic rights to life, liberty, and property of the community and whose violation is a gross violation of the peace and safety of the Nation requiring the person to be totally expelled for the protection of the community. During the term of banishment, a person who is banished from the territory and association of the Nation shall:
(1) Be considered legally dead and a nonentity with no civil rights to engage in contracts or come before the courts of the Nation for any reason not related to the original conviction, provided, that the banished person retains all rights of a criminal defendant during any prosecution for an offense during the term of banishment, and while attending or going directly to or from any court, or a proceeding involving a criminal action to which the person is a party, including the appeal of the defendant’s case.
(2) Be expelled from the jurisdiction of the Nation and not be allowed to return for any reason during the period of banishment except when required to attend court.
(3) Forfeit all positions or offices of honor or profit with the Nation.
(4) Be absolutely ineligible for any service, monies, or benefits provided by the Nation, or due as a result of citizenship in the Nation.
(5) Be absolutely ineligible to vote in any election conducted by or hold any office in the Nation.
(6) Be subject to the claims of creditors, who may apply for an order attaching the banished person’s personal property within this jurisdiction and bringing execution thereon to satisfy the debt.
(B) Violation of Banishment.
(1) If the person banished be found within the jurisdiction of the Nation not going directly to, attending, or returning from a court hearing required in the person’s case, such act shall be considered criminal contempt in violation of a lawful order of the court and may be punished accordingly.
(2) A person under a decree or judgment of banishment found unlawfully within the jurisdiction of the Nation shall, upon conviction, and in addition to any other punishment imposed for disobedience of a lawful order of the court, forfeit to the Nation all personal property brought by the person into the jurisdiction of the Nation or in the person’s immediate control therein, whether ownership of said property is in the banished person or another, as civil damages for breach of the peace and safety of the Nation.
(C) Expiration of Banishment Term. Upon expiration of the term of banishment and satisfaction of any other terms imposed by the sentence, the banished person shall be restored to all rights forfeited during the banishment and shall thereafter be treated as if banishment had never been imposed.
16-4-5 New Trial.
The court, on motion of a defendant, may grant a new trial if required in the interest of justice. If trial was by the court without a jury, the court, on motion of a defendant for a new trial, may vacate the judgment, if entered, take additional testimony, and direct the entry of a new judgment. A motion for a new trial based on the ground of newly discovered evidence may be made only within one month after final judgment, but if an appeal is pending, the court may grant the motion only on remand of the case. A motion for a new trial based on any other grounds shall be made within seven days after verdict or finding of guilty or within such further time as the court may fix during the seven day period.
16-4-6 Arrest of Judgment.
The court, on motion of a defendant, shall dismiss the action if the complaint does not charge an offense or if the court was without jurisdiction of the offense charged. The motion in arrest of judgment shall be made within seven days after verdict or finding of guilty or plea of guilty, or within such further time as the court may fix during the seven day period.
16-4-7 Correction or Reduction of Sentence.
The court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within thirty days after the sentence is imposed, or within thirty days after receipt by the court of a mandate issued upon affirmance of the judgment or dismissal of the appeal. The court may also reduce a sentence upon revocation or probation.
16-4-8 Clerical Mistakes.
Clerical mistakes in judgments, orders, or other parts of the record and errors in the record arising from oversight or omission may be corrected by the court at any time and after such notice, if any, as the court orders.