Document Type

Article

Publication Date

10-7-2004

Abstract

  • In the Blackfeet Tribal Court of Appeals, the Court considered whether the defendant’s rights were violated when the lower court judge did not follow sentencing guidelines for the defendant. In this case, the defendant was convicted of child abuse and domestic abuse, with consecutive sentences, allowing parole after six months.  

  • The Court noted that the lower court should have utilized Blackfeet Family Code, Ch. 22, Sec. 4, for child abuse providing that sentences should be between $50-200 and a term of imprisonment to not exceed 15 days. 

  • Also, for domestic abuse, the Blackfeet Law and Order code, ch. 9, Sec. 7-2 requires a minimum fine of $600, a jail term between 30-60 days, and 20 hours of counseling.  

  • Subsequent convictions provide for a jail term of 10-180 days and a fine not to exceed $500.   

  • The Court notes that a trial court may correct an illegal sentence pursuant to Blackfeet Law and Order Code, Ch. 9, rule 63. The Appellate Court ordered the trial Court to reduce the sentence to accord with tribal law. 

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