26.01.010 The General Purposes

The general purposes of this title are to establish a system of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm to an individual or public interests for which tribal protection is appropriate. To this end, the provisions of this title are intended, and shall be construed, to achieve the following objectives:

(a) To ensure the public safety through:

(1) vindication of public norms by the imposition of merited punishment;

(2) the deterrent influence of the penalties hereinafter provided;

(3) the rehabilitation of those convicted of violations of this title; and

(4) such confinement as may be necessary to prevent likely recurrence of serious criminal behavior.

(b) By definition and grading of offenses, to define the limits and systematize the exercise of discretion in punishment and to give fair warning of what is prohibited and of the consequences of violation.

(c) To prescribe penalties which are proportionate to the seriousness of offenses and which permit recognition of differences in rehabilitation possibilities among individual offenders.

(d) To safeguard conduct that is without guilt from condemnation as criminal and to condemn conduct that is with guilt as criminal.

(e) To prevent arbitrary or oppressive treatment of persons accused or convicted of offenses.