Difference between revisions of "Proposal/Due Process Act"

Revision as of 22:31, 3 August 2010

1. General Provisions
   1. In all cases the party who brought charges or filed a suit will be the prosecution, and the party against which charges were brought or a suit filed the defense.
   2. Attorneys will be chosen before any trial. Any person may choose to be their own attorney. No more than a week will be allowed for the selection of attorneys.
   3. The Court will with the prosecution and defense choose a date and time for the trial. The date and time chosen will be one when all justices, the prosecution, the defense and any witnesses can be present and when both sides will have the evidence to make their case. If no time is chosen, the Chief Justice may set a time and date of their own choosing.
   4. Each side will be given time to present their arguments, evidence and witness testimonies.
   5. Witnesses will take an oath before testifying. If any witness is found to have lied under oath about information pertinent to the case, the Court may charge them with obstruction of Justice. The opposing side will have the right to cross-examine any witnesses.
   6. Justices will be allowed to ask questions of the prosecution, defense or any witness at any time.
   7. Both sides will be given time to make rebutals.
   8. If a trial is not concluded at the end of the chosen time, a time and date when the trial can resume will be chosen in the same manner as the original date and time.
   9. No case may be brought before the Court a second time without new evidence. If new evidence is found, a request to retry the case may be made. The Chief Justice will examine the new evidence presented and decide whether it justifies a new trial.
2. Criminal Cases
   1. The Ministry of Justice may bring criminal charges against an individual.
   2. A report detailing the charges against the accused and laws violated will be given to both the Chief Justice and public at large when charges are brought. If no report is given or the Chief Justice decides the report given is insubstantial, the case will not go to trial and the accused will be freed if under arrest in relation to the charges.
   3. If the defense desires an attorney but can not provide one, the Ministry of Justice will provide an attorney at their request. The Ministry of Justice will provide the defense with an attorney after eight days if they do not choose to act as their own attorney.
   4. If the Court finds for the prosecution, they will choose a punishment within the limits established by law.
3. Civil Cases
   1. Any person or private organization may bring a suit against another person or private organization. A report detailing the damages which the person or organization filing the suit believes they have suffered will be filed with the suit.
   2. The Chief Justice may choose to try or throw out any suit based on their opinion of the importance or frivolity of the claimed damages.
   3. If the Chief Justice decides to try the suit, they will summon the defense. If the defense does not answer the summons within a week of its delivery, the Court may charge them with obstruction of justice.
   4. If the Court finds for the prosecution, they will choose a remedy which the defense will honor.
4. Suits against the Government
   1. Any person or private organization may bring a suit against a government body or government officer. A report detailing the manner in which the prosecution believes the defense has violated the law or Constitution, and how the prosecution has been harmed by these violations, will be filed with the suit.
   2. The Chief Justice may choose to try or throw out any suit based on their opinion of the legitimacy of the claimed legal or constitutional violations and resulting harm.
   3. If the Court finds for the prosecution, they will choose a remedy which the defense will honor.
5. Arrests
   1. The Minister of Justice may empower officers of the Ministries of Justice, Internal Affiars and Regional Security to make arrests. Such officers will be called officers of the law.
   2. An officer of the law may arrest any person they observe committing a dangerous criminal act. If a person is not observed committing a dangerous criminal act but suspected of doing so, a warrant for their arrest must be obtained.
   3. Any officer of the law may request a warrant from the Chief Justice of the Court. Requests will be submitted with pertinent evidence. The Chief Justice may grant or refuse requests based on the evidence presented. If the Chief Justice does not respond to a request within a week, the warrant will be granted.
   4. When an arrest is made, the arresting officer will issue reports to the Minister of Justice, Chief Justice and public at large detailing the arrest and cause. If no report is within four days, the arrested will be freed.
   5. If the Ministry of Justice does not bring formal criminal charges within four days, the arrested will be freed. The Ministry of Justice may choose to free the arrested before this four days.
   6. A single warrant will only authorize the arrest of a single individual. A warrant will become void once the individual has been arrested or four days pass since it was granted.
6. Compulsion of Testimony or Evidence
   1. If the prosecution or defense desires certain evidence or the testimony of a certain witness, but are refused the evidence or cooperation of the witness, they may ask the Chief Justice to intervene.
   2. The Chief Justice will examine the desired evidence or witness. If they decide the evidence or witness is vital to the case, they may order that the evidence be surrendered to the Court or the witness be summoned to testify.
   3. Any person who refuses an order to surrender evidence or testify may be charged by the Court with obstruction of justice.
7. Recusal of Justices
   1. Any justice may choose to recuse themselves from trying a case.
   2. The prosecution or defense may request that a justice recuse themselves. If the justice refuses, the other justices of the Court may force their recusal by a majority vote.
   3. If the Chief Justice is recused, they will appoint a remaining justice to assume their responsibilities for the remainder of the trial.