Difference between revisions of "Proposal/Due Process Act"

From Taijitu
Jump to: navigation, search
(Massive overhaul >__>)
Line 1: Line 1:
−
#General Provisions{{List|style type=lower-alpha|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.|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.|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.|Each side will be given time to present their arguments, evidence and witness testimonies.|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.|Justices will be allowed to ask questions of the prosecution, defense or any witness at any time.|Both sides will be given time to make rebutals.|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.|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.}}
+
#Arrests{{List|style type=lower-alpha|The Minister of Justice may empower officers of the Ministries of Justice, Internal Affairs and Regional Security to make arrests. Such officers will be called officers of the law.|An officer of the law may arrest a person they observe committing a major criminal offense.|If a person is only suspected of committing a major criminal offense, a warrant for their arrest must be obtained.|Any officer of the law may submit a request alongside pertinent evidence to the Chief Justice.|The Chief Justice may grant or refuse requests based on the evidence presented. If the Chief Justice does not respond to a request within four days, the warrant will be granted.|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 given within four days, the arrested will be freed.|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 prematurely.|A single warrant will only authorize the arrest of one person. A warrant will become void once the person has been arrested or four days pass since it was granted.}}
−
#Criminal Cases{{List|style type=lower-alpha|The Ministry of Justice may bring criminal charges against an individual.|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.|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.|If the Court finds for the prosecution, they will choose a punishment within the limits established by law.}}
+
#Criminal Charges{{List|style type=lower-alpha|The Ministry of Justice may bring criminal charges against a person.|A report detailing the charges against the accused and laws violated will be given to 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 lacking, the charges will be dropped. If the accused is under arrest in conjunction with the dropped charges, they will be freed.|No charges may be brought if sixteen weeks have passed since the alleged criminal offense was committed.}}
−
#Civil Cases{{List|style type=lower-alpha|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.| 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.|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.|If the Court finds for the prosecution, they will choose a remedy which the defense will honor.}}
+
#Filing of Suits{{List|style type=lower-alpha|Any person or private organization may bring a suit against a person, private organization or public official or office|Suits will be filed with a report detailing the damages the prosecution believes they have suffered. If the suit is against a public person or office, the report will also detail how the acts which caused these damages were either unlawful or unconstitutional.|The Chief Justice will choose whether to try cases based on their opinion of the importance and validity of the suit.|If the Chief Justice decides to try a case, they will inform the defense and order them to appear before the Court.}}
−
#Suits against the Government{{List|style type=lower-alpa|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. |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.|If the Court finds for the prosecution, they will choose a remedy which the defense will honor.}}
+
#Selection of Attorneys{{List|style type=lower-alpha|Attorneys will be chosen before the start of a trial.|No more than eight days will be allowed for the selection of attorneys.|Any person may choose to be their own attorney.|In criminal cases, the Ministry of Justice will provide an attorney to the defense if they request it or do not choose an attorney.|The Chief Justice may dismiss any attorney who ignores judicial procedure and order a new one to be chosen.}}
−
#Arrests{{List|style type=lower-alpha|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.|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.|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.|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.|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.|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.}}
+
#Recusal of Justices{{List|style type=lower-alpha|Any justice may choose to recuse themselves from trying a case.|An attorney may request that a justice recuse themselves.|If a justice refuses a request for recusal, the other justices of the Court may force their recusal by a majority vote.|If the Chief Justice is recused, they will appoint an associate justice Acting Chief Justice for the remainder of the trial.}}
−
#Compulsion of Testimony or Evidence{{List|style type=lower-alpha|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.|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.|Any person who refuses an order to surrender evidence or testify may be charged by the Court with obstruction of justice.}}
+
#Scheduling Trials.{{List|style type=lower-alpha|The Chief Justice will confer with the prosecution and defense separately about which times and dates they would be willing to hold the trial on. The Chief Justice will then confer with the Court and decide a time and date for the trial.|The time and date chosen will be one when the prosecution, defense and the Chief Justice or acting Chief Justice can be present, and the prosecution and defense will have sufficient evidence.|During a trial an attorney may ask the trial to be recessed and resumed later. The Chief Justice will grant or deny all such requests at their discretion.|If a trial is recessed or not concluded at the end of the chosen time and date, a new time and date when the trial may resume will be chosen.}}
−
#Recusal of Justices{{List|style type=lower-alpha|Any justice may choose to recuse themselves from trying a case.|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.|If the Chief Justice is recused, they will appoint a remaining justice to assume their responsibilities for the remainder of the trial.}}
+
#Evidence and Testimony{{List|style type=lower-alpha|Attorneys will present all evidence and witness testimony they wish to use to the Chief Justice before the trial.|The Chief Justice may bar evidence or testimony if they believe it is irrelevant or inappropriately obtained.|The Chief Justice may order evidence or testimony to be provided at the request of an attorney if they believe it is relevant.|Witness testimony will be presented in person before the Court.|The prosecution and defense may question any witness called by the other.}}
 +
#Presentation of Cases{{List|style type=lower-alpha|The prosecution and defense will both be given sufficient time to make arguments.|Attorney's may present relevant evidence and testimony while presenting arguments.|The prosecution and defense will both be given sufficient time to present rebuttals to the opposing side's arguments before the conclusion of the trial.|The Chief Justice will determine which side will present first, how much time is necessary for the presentation of arguments and rebuttals and what evidence and testimony is relevant.|Justices will be free to question any attorney or witness.}}
 +
#Deliberation{{List|style type=lower-alpha|Deliberations will begin at the conclusion of a trial and will take place in private.|Justices who could not be present for the trial will be provided with a transcript of the trial by the Chief Justice.|If the Court finds for the prosecution, the Court will decide upon appropriate punishments or remedies within the confines provided by law.|The Court's decision and any punishments or remedies will be delivered to the prosecution, defense and public at large by the Chief Justice and accompanied by a statement of the Court's reasoning authored by the a justice of the Chief Justice's choice.|If the Court does not issue a decision within eight days of the trial's conclusion, the Court will vote on the verdict immediately.}}
 +
#Retrials{{List|style type=lower-alpha|No case may be brought before the Court a second time without new evidence.|If new evidence is found, a request to hold a retrial may be submitted to the Chief Justice.|The Chief Justice will decide whether to hold a retrial based on the importance and validity of the new evidence presented.|If the Chief Justice decides to hold a retrial, a new trial will be started.}}
 +
#Obstruction of Justice{{List|style type=lower-alpha|No attorney or witness may knowingly present false evidence or testimony relevant to the case.|No person may refuse an order of the Chief Justice to appear before the Court or to provide evidence or testimony.|No person may refuse to comply by any punishments or remedies issued by the Court.|These acts will be considered minor criminal offenses.}}

Revision as of 23:27, 7 August 2010

  1. Arrests
    1. The Minister of Justice may empower officers of the Ministries of Justice, Internal Affairs and Regional Security to make arrests. Such officers will be called officers of the law.
    2. An officer of the law may arrest a person they observe committing a major criminal offense.
    3. If a person is only suspected of committing a major criminal offense, a warrant for their arrest must be obtained.
    4. Any officer of the law may submit a request alongside pertinent evidence to the Chief Justice.
    5. The Chief Justice may grant or refuse requests based on the evidence presented. If the Chief Justice does not respond to a request within four days, the warrant will be granted.
    6. 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 given within four days, the arrested will be freed.
    7. 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 prematurely.
    8. A single warrant will only authorize the arrest of one person. A warrant will become void once the person has been arrested or four days pass since it was granted.
  2. Criminal Charges
    1. The Ministry of Justice may bring criminal charges against a person.
    2. A report detailing the charges against the accused and laws violated will be given to the Chief Justice and public at large when charges are brought.
    3. If no report is given or the Chief Justice decides the report given is lacking, the charges will be dropped. If the accused is under arrest in conjunction with the dropped charges, they will be freed.
    4. No charges may be brought if sixteen weeks have passed since the alleged criminal offense was committed.
  3. Filing of Suits
    1. Any person or private organization may bring a suit against a person, private organization or public official or office
    2. Suits will be filed with a report detailing the damages the prosecution believes they have suffered. If the suit is against a public person or office, the report will also detail how the acts which caused these damages were either unlawful or unconstitutional.
    3. The Chief Justice will choose whether to try cases based on their opinion of the importance and validity of the suit.
    4. If the Chief Justice decides to try a case, they will inform the defense and order them to appear before the Court.
  4. Selection of Attorneys
    1. Attorneys will be chosen before the start of a trial.
    2. No more than eight days will be allowed for the selection of attorneys.
    3. Any person may choose to be their own attorney.
    4. In criminal cases, the Ministry of Justice will provide an attorney to the defense if they request it or do not choose an attorney.
    5. The Chief Justice may dismiss any attorney who ignores judicial procedure and order a new one to be chosen.
  5. Recusal of Justices
    1. Any justice may choose to recuse themselves from trying a case.
    2. An attorney may request that a justice recuse themselves.
    3. If a justice refuses a request for recusal, the other justices of the Court may force their recusal by a majority vote.
    4. If the Chief Justice is recused, they will appoint an associate justice Acting Chief Justice for the remainder of the trial.
  6. Scheduling Trials.
    1. The Chief Justice will confer with the prosecution and defense separately about which times and dates they would be willing to hold the trial on. The Chief Justice will then confer with the Court and decide a time and date for the trial.
    2. The time and date chosen will be one when the prosecution, defense and the Chief Justice or acting Chief Justice can be present, and the prosecution and defense will have sufficient evidence.
    3. During a trial an attorney may ask the trial to be recessed and resumed later. The Chief Justice will grant or deny all such requests at their discretion.
    4. If a trial is recessed or not concluded at the end of the chosen time and date, a new time and date when the trial may resume will be chosen.
  7. Evidence and Testimony
    1. Attorneys will present all evidence and witness testimony they wish to use to the Chief Justice before the trial.
    2. The Chief Justice may bar evidence or testimony if they believe it is irrelevant or inappropriately obtained.
    3. The Chief Justice may order evidence or testimony to be provided at the request of an attorney if they believe it is relevant.
    4. Witness testimony will be presented in person before the Court.
    5. The prosecution and defense may question any witness called by the other.
  8. Presentation of Cases
    1. The prosecution and defense will both be given sufficient time to make arguments.
    2. Attorney's may present relevant evidence and testimony while presenting arguments.
    3. The prosecution and defense will both be given sufficient time to present rebuttals to the opposing side's arguments before the conclusion of the trial.
    4. The Chief Justice will determine which side will present first, how much time is necessary for the presentation of arguments and rebuttals and what evidence and testimony is relevant.
    5. Justices will be free to question any attorney or witness.
  9. Deliberation
    1. Deliberations will begin at the conclusion of a trial and will take place in private.
    2. Justices who could not be present for the trial will be provided with a transcript of the trial by the Chief Justice.
    3. If the Court finds for the prosecution, the Court will decide upon appropriate punishments or remedies within the confines provided by law.
    4. The Court's decision and any punishments or remedies will be delivered to the prosecution, defense and public at large by the Chief Justice and accompanied by a statement of the Court's reasoning authored by the a justice of the Chief Justice's choice.
    5. If the Court does not issue a decision within eight days of the trial's conclusion, the Court will vote on the verdict immediately.
  10. Retrials
    1. No case may be brought before the Court a second time without new evidence.
    2. If new evidence is found, a request to hold a retrial may be submitted to the Chief Justice.
    3. The Chief Justice will decide whether to hold a retrial based on the importance and validity of the new evidence presented.
    4. If the Chief Justice decides to hold a retrial, a new trial will be started.
  11. Obstruction of Justice
    1. No attorney or witness may knowingly present false evidence or testimony relevant to the case.
    2. No person may refuse an order of the Chief Justice to appear before the Court or to provide evidence or testimony.
    3. No person may refuse to comply by any punishments or remedies issued by the Court.
    4. These acts will be considered minor criminal offenses.
Retrieved from "http://wiki.taijitu.org/w/index.php?title=Proposal/Due_Process_Act&oldid=5766"