Tribe: Quapaw Nation
§48 General Sentencing Provisions A. The sentencing policy of the Nation is to strive toward restitution,
reconciliation, and rehabilitation. While one goal of sentencin! is to impress
upon the wrongdoer the wrong that has been 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 them to right their wrongdoing. B. Unless the Court determines that the ends ofjustice will not be served thereby,
or that a oivil action will more adequately adjudicate damages in the specific
case at hand, then in addition to any sentence, the Court shall:
1.
Order the offender to pay restitution to the victim andlor Nation. C. In effectuating the Nation’s sentencing policy, if the offender recognizes the
wrong they have committed, and earnestly repents of such wrong, the court 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 ten (10) hours of work
per one hundred dollars ($ 1 00.00) of fine or ten ( 1 0) hours of work per
one (1) month of imprisonment;or 2. Suspend the offender’s term of imprisonment and place the offender on
probation under such reasonable conditions as the Court may direct for
a period not exceeding the amount of the maximum sentence allowed;
or 3. Defer entering the judgment and imposing sentence for a period not
exceeding three (3) times the maximum sentence allowed on condition
that if the defendant violated no law and satisfies such other reasonable
conditions imposed, the plea or verdict of guilty will be withdrawn and
said charges will be dismissed; or 4. 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 e*cesi value of
the property surrendered.