§4-1-31 Sentencing Proceedings

Statutes | Nez Perce Tribal Code Title 4 Chapter 4-1 § 4-1-31

(a) Sentence shall be imposed without unnecessary delay unless the Court postpones the imposition of sentence in order to conduct a pre-sentencing determination or for a reasonable time to resolve factors important to the sentencing determination which cannot be immediately resolved. (b) During...

§4-1-29 Decision to Impose a Fine

Statutes | Nez Perce Tribal Code Title 4 Chapter 4-1 § 4-1-29

In determining whether to impose a fine and its amount, the Court should consider: (a) the nature of the offense committed and the impact of the offense on the victim and the community (b) the financial resources of the defendant.

§4-1-27 Sentences and Combinations of Sentences; Civil Penalties

Statutes | Nez Perce Tribal Code Title 4 Chapter 4-1 § 4-1-27

(a) A court may sentence a person adjudged guilty of an offense to any one of the following sentences or a combination of such sentences: (1) to pay a fine not to exceed $5,000 (2) imprisonment not to exceed 1 year (3) to probation and/or suspension of sentence on such terms and conditions as the...

§4-1-26 General Principles

Statutes | Nez Perce Tribal Code Title 4 Chapter 4-1 § 4-1-26

In imposing a sentence for a violation of this chapter, the Court in each case shall consider the protection of the public, the gravity of the offense, the impact of the crime on the victim, and the results of any pre-sentencing reports.

§4-1-4 Civil Remedies Preserved

Statutes | Nez Perce Tribal Code Title 4 Chapter 4-1 § 4-1-4

This code shall not affect any civil remedy available under the Nez Perce Tribal Code which may arise from any act or omission which is punishable under this chapter.  The fact that conduct is found to be an affirmative defense under this chapter does not abolish or impair any remedy for such...

§4-1-3 Purpose and Construction

Statutes | Nez Perce Tribal Code Title 4 Chapter 4-1 § 4-1-3

The purpose of the criminal provisions of this code are to: (a) forbid and prevent the commission of offenses and give fair warning of conduct which is declared to be an offense (b) define adequately the conduct and mental state which constitute each offense and safeguard conduct that is without...

§4-1-2 Scope

Statutes | Nez Perce Tribal Code Title 4 Chapter 4-1 § 4-1-2

This chapter shall apply to all criminal provisions of this code.

§4-1-1 Definitions

Statutes | Nez Perce Tribal Code Title 4 Chapter 4-1 § 4-1-1

(a) "Adult household member" means spouses, former spouses, persons related by blood or marriage, persons who reside or who have resided together, and persons who have a child in common regardless of whether they have been married or have lived together at any time. (b)...

§2-4-20 Dispositional Hearing

Statutes | Nez Perce Tribal Code Title 2 Chapter 2-4, § 2-4-20

(a) A date for a dispositional hearing shall be set by the Court at the conclusion of the advisory hearing or the adjudicatory hearing as appropriate. The court shall conduct dispositional hearings to determine how to resolve a case after a finding that a child has committed a delinquent act or...

§2-4-15 Informal Adjustment

Statutes | Nez Perce Tribal Code Title 2 Chapter 2-4, § 2-4-15

(a) In the case of a minor who commits a status offense or is a first time offender, the Prosecutor may hold an informal conference with the child and the childs parent, guardian or custodian, and/or other persons whose presence is considered appropriate to discuss alternatives to the filing of a...