Rosebud Sioux Tribe Law and Order Code - Introduction

INTRODUCTION

Section 1. Code Interpretation

This code shall be strictly interpreted and construed to fulfill the following purposes:

1. to provide for the welfare, care and protection of the Wakanyeja and families and adults within the reservation court’s authority,
2. to preserve unity of the family, and to separate the Wakanyeja from his/her parents only when absolutely necessary, and to take into consideration Lakota Kinship relationships,
3. to take such actions as may be imperative to prevent the abuse, neglect, abandonment, or delinquency of Wakanyeja, their families if in need of assistance, and incompetent adults,
4. to provide services for Wakanyeja and their families and adults ranging from prevention to residential treatment with emphasis on prevention, early intervention and community-based alternatives,
5. to guarantee the rights of and due process to the Wakanyeja, parents, guardians, extended family, care-providers, custodians of Wakanyeja, or other parties who come before the court under this law,
6. to ensure that off-reservation courts return tribal Wakanyeja to the reservation by establishment of this law,
7. to acknowledge the tribal Wakanyeja -rearing customs and traditions, and other tribal customs and traditions for the control of families and adults,
8. to guarantee that Wakanyeja and their families and adults enjoy without hindrance freedom of religion, speech, press, assembly, conscience and association,
9. to guarantee that Wakanyeja and their families and adults accused of any offense shall have a speedy and public trial, unless a closed trial is necessary to protect persons under the age of 18 years, to be informed of the nature and cause of the accusation, and to be confronted with witnesses against them,
10. to guarantee that Wakanyeja and their families and indigent adults accused of any offense have assistance of counsel and to demand trial by jury six persons for criminal trials and twelve persons for civil cases,.
11. to guarantee that Wakanyeja and their families and adults shall not be subject to the same offense to be twice put in jeopardy, nor be compelled in any criminal case to be a witness against themselves,
12. to guarantee that Wakanyeja and their families and adults shall not be deprived of life, liberty, or property, without due process of law nor be denied equal protection of the law,
13. to ensure that Wakanyeja and their families and adults shall be secure in their persons, houses, papers and effect against unreasonable search and seizures, and be served with warrants only upon probable cause, supported by oath or affirmation, particularly describing the place to be searched and the person or thing to be seized,
14. to ensure that Wakanyeja and their families and adults shall not have their private property taken for a public use without just compensation,
15. to ensure that Wakanyeja and their families and adults have a compulsory process for obtaining witnesses in their favor,
16. to ensure that Wakanyeja and their families and adults shall not be sentenced for the conviction of any one offense to any penalty or punishment for a maximum term of confinement of three years, a fine of $15,000, or both; or for multiple offenses: an aggregate sentence with a maximum term of confinement of nine years, a fine of $15,000, or both.
17. to ensure that Wakanyeja and families and adults shall not be subject to any bill of attainder or ex post facto law, and
18. to assure that Wakanyeja and families and adults shall have the right of appeal to the highest court of the Rosebud Sioux Tribe

[History, Ord. 91-01]