Any defendant who commits vehicular homicide in the second degree and commits the crime while knowing or having reason to know that his or her licenses or privilege to operate a vehicle is suspended or revoked is guilty of Vehicular Manslaughter of a Minor in the First Degree. (D) Manslaughter In The Second Degree - Any defendant who recklessly causes the death of a minor or causes or aids a minor to commit suicide is guilty of Manslaughter of a Minor in the Second Degree. (E) Manslaughter In The First Degree - A defendant is guilty of this offense when he or she, with intent to cause physical injury to a person or minor, causes the death of a minor or a third person is guilty of Manslaughter of a Minor in the First Degree. (F) Murder - Any defendant who, with intent to cause the death of another person or minor, causes the death of such minor or a third person is guilty of Murder. The language in the example has been taken and modified from various sources. Sadly, children are too often killed in tribal communities. When someone has killed a child intentionally, negligently, or recklessly, it harms the entire community. A tribe will have the power to hold offenders accountable for the specific heinous behavior by adopting a homicide statute. 12 12.33-Murder: Class A Intentionally causing the death of another human being while not under the influence of an extreme emotional disturbance. Murder is also charged if death to a non-suspect results when suspect is attempting or committing or during the immediate flight from any of the following crimes: 1st degree arson; or 1st degree criminal mischief (by of explosive); or 1st degree burglary; or 1st degree escape; or 1st and 2nd. degree kidnapping; or 1st degree robbery; or any offense 1st degree sexual offense; or compelling prostitution
b) For the purpose of assisting the commission in recommending modifications to the sentencing guidelines, the Department of Corrections is authorized to collect and evaluate data on sentencing practices in the state from each of the judicial circuits and provide technical assistance to the commission upon request. The Department of Corrections shall, no later than October 1 of each year, provide the commission with a yearly report detailing the rate of compliance of each judicial circuit in providing score sheets to the department. (4) The purpose of the sentencing guidelines is to establish a uniform set of standards to the sentencing judge in the sentence decision-making process. The guidelines represent a synthesis of current sentencing theory, historical sentencing practices, and a rational approach to managing correctional resources. The sentencing guidelines are intended to eliminate unwarranted variation in the sentencing process by reducing the subjectivity in interpreting specific offense-related and offender-related criteria and in defining the relative importance of those criteria in the sentencing decision. (a) The sentencing guidelines embody the principles that: Sentencing is neutral with respect to race, gender, and social and economic status. The primary purpose of sentencing is to punish the offender. Rehabilitation is a desired goal of the criminal justice system but is subordinate to the goal of punishment. The penalty imposed is commensurate with the severity of the primary offense and the circumstances surrounding the primary offense. The severity of the sentence increases with the length and nature of the offender's prior record. The sentence imposed by the sentencing judge reflects the length of actual time to be served, shortened only by the application of incentive and meritorious gain-time. Departures from the recommended sentences established in the guidelines are articulated in writing and made only when circumstances or factors reasonably justify the aggravation or mitigation of the sentence. The level of proof necessary to establish facts that support a departure from the sentencing guidelines is a preponderance of the evidence. Use of incarcerative sanctions is prioritized toward offenders convicted of serious offenses and certain offenders who have long prior records, in order to maximize the finite capacities of state and local correctional facilities.