V. TRIALS

1. TRIAL BY JURY OR BY THE COURT
   1. All criminal trials shall be by the Court without a jury unless the defendant requests a jury trial at the time of arraignment.
      THERE WILL BE NO JURY TRIALS FOR CLASS B ANC C CRIMES
      
   2. Juries shall have six (6) members unless a smaller number is consented to by the defendant. The Court may, at its discretion, require a full panel of six (6) jurors.
      1. Jurors shall be drawn from the list of eligible jurors by the Clerk of Courts and shall be notified to appear by the Clerk in advance of the trial date.
      2. All qualified electors of the Rosebud Sioux Tribe who have not been convicted of a major crime within the last two (2) years or who have not been convicted of a misdemeanor crime in the past one (1) year shall be eligible to serve as jurors.
   3. The Court shall permit the defendant or his counsel and the prosecutor to examine the jurors and the Court itself may make such an examination.
   4. Challenges regarding jury members may be taken as follows:
      1. Each side shall be entitled to two (2) peremptory challenges;
      2. Either side may challenge any juror for cause.
   5. The Clerk of Courts shall subpoena not less than eighteen (18) persons from the eligible jurors to appear and serve whenever a jury trial is scheduled in a criminal matter.
2. EVIDENCE
   The admissibility and the competence and privileges of witnesses shall be governed by the Federal Rules of Evidence, except as herein otherwise provided.
3. INTERPRETERS
   The Court shall determine whether or not interpreters are needed and shall choose and appoint such persons as are needed to act as interpreters and shall place them under oath to accurately translate as required by the Court.
   
4. JUDGMENT OF ACQUITTAL
   1. The Court on motion from defendant or on its own motion, shall order the entry of a judgment of acquittal of one or more offenses charged in the Complaint after the evidence of either side is closed if the evidence is insufficient as a matter of law to sustain a conviction of such offenses. A motion for acquittal by the defendant does not affect his right to present evidence.
   2. If a motion for judgment of acquittal is made at the close of all evidence, the Court may reserve decision on the motion any time either before or after the jury returns its verdict or is discharged.
5. INSTRUCTIONS
   It shall be the duty of the Court to properly instruct the jury at such time during the trial as the Court determines is appropriate. Each party may propose instructions and the Court shall rule on proposed instructions and shall then instruct the jury before closing arguments. Proposed instructions and objections thereto shall be made outside the hearing of the jury.
6. VERDICT
   1. The verdict of the jury shall be unanimous. It shall be returned by the jury to the Judge in open court and in the presence of the defendant.
   2. If there are two (2) or more defendants, the jury may at any time during its deliberations return a verdict or verdicts with respect to a defendant or defendants as to whom it has agreed; if the jury cannot agree as to all, the defendants as to whom it does not agree may be tried again.
   3. When a verdict is returned and before it is recorded, the jury shall be polled at the request of any party or upon the Court’s own motion. If upon the poll there is not unanimous concurrence, the jury may be directed to retire for further deliberations or may be discharged.