[Code of Federal Regulations]
[Title 25, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 25CFR11.314]

[Page 28]
 
                            TITLE 25--INDIANS
 
     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
 
PART 11_LAW AND ORDER ON INDIAN RESERVATIONS--Table of Contents
 
                      Subpart C_Criminal Procedure
 
Sec. 11.314  Jury trials.

    (a) In any criminal case punishable by a sentence of six months in 
jail and in any criminal case in which the prosecutor informs the court 
before the case comes to trial that a jail sentence will be sought, the 
defendant has a right, upon demand, to a jury trial. If the prosecutor 
informs the court that no prison sentence will be sought, the court may 
not impose a prison sentence for the offense.
    (b) A jury shall consist of eight Indian residents of the vicinity 
in which trial is held, selected from a list of eligible jurors prepared 
each year by the court. An eligible juror shall be at least 18 years of 
age, shall not have been convicted of a felony, and shall not otherwise 
be unqualified according to standards established by the Court of Indian 
Offenses under its general rulemaking authority. Any party may challenge 
without cause not more than three members of the jury panel so chosen.
    (c) The magistrate shall instruct the jury with regard to the 
applicable law and the jury shall decide all questions of fact on the 
basis of the law.
    (d) The jury shall deliberate in secret and return a verdict of 
guilty or not guilty. Six out of the eight jurors must concur to render 
a verdict.
    (e) Each juror who serves on a jury is entitled to a fee not less 
than the hourly minimum wage scale established by 29 U.S.C. 206(a)(1), 
and any of its subsequent revisions, plus mileage not to exceed the 
maximum rate per mile established by the Federal Government of jurors 
and witnesses. Each juror shall receive pay for a full day (eight hours) 
for any portion of a day served, plus travel allowance.