Each party may question members of the panel of prospective
jurors for the purpose of selecting a trial jury. In criminal cases,
in addition to disqualifying jurors for cause as determined by the
Tribal Court Judge, the prosecution and the defendant, each side shall
be entitled to three peremptory challenges without assigning any cause.
Where there is more than one defendant, they must join in a challenge
before it can be made, unless the Tribal Court, for due cause shown,
shall permit otherwise or shall permit each defendant to exercise
two peremptory challenges.
Each member of the jury panel called to service and each juror
who serves upon a jury shall be entitled to compensation at a rate
determined by the Tribal Court, All payment of compensation shall
be supported by vouchers signed by the presiding Tribal Court Judge.
Such vouchers shall be paid in order of presentation from available
funds on deposit for the purpose.
The Tribal Court Judge shall instruct the jury with regard to
the applicable law, and the jury shall decide all questions of fact
on the basis of that law. At the close of evidence or at such earlier
time during the trial as the Tribal Court Judge directs, any party
may file with the Tribal Court Judge written instructions on the law
which the party requests the Tribal Court Judge to deliver orally
to the jury. At the same time, copies of such requests shall be furnished
to the opposing party. The Tribal Court Judge shall inform each party
of his proposed action upon each request prior to the arguments to
the jury, but the Tribal Court Judge shall deliver his instructions
to the jury after arguments are completed. No party may assign as
error any portion of the Tribal Court Judge's charge or any omission
unless he makes his objection and reasons for it before the jury retires
to consider its verdict. Opportunity shall be given to make the objection
out of the hearing of the jury.
After deliberation in private, the jury in criminal cases shall
return to the Tribal Court Judge in open court a verdict of "guilty"
or "not guilty" with respect to each defendant. A verdict of conviction
in criminal cases shall require a unanimous vote of the jury.