Difference between revisions of "Proposal/Due Process Act"

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#General Provisions{{List|style type=lower-alpha|In all cases the party who brought charges or filed a suit will be the prosecutor, and the party against which charges were brought or a suit filed will be the defendant.|Before the start of any trial time will be provided for the selection of attorneys. The trial will begin once both sides have selected an attorney or forgone legal counsel, or a week has passed.|Once attorneys have been selected, the Court will convene with both sides and agree upon a date and time period when all can be present for the trial, when both sides feel they will have sufficient evidence to make their case and when the witnesses both sides wish to call will be available. To expedite this decision, the Court will maintain at all times a public listing of times and days of the week when all justices are available.|If no time can be agreed upon, the Chief Justice may set a time and date of their own choosing.}}
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#Criminal Charges{{List|style type=lower-alpha|The Ministry of Justice and Ministry of Regional Security may bring criminal charges against any person.|If charges are brought, the Chief Justice will decide whether to hold a trial.|If the Chief Justice decides not to hold a trial, the same charges may not be brought against the same person again.|No charges may be brought if sixteen weeks have passed since the alleged offense was detected.}}
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#Criminal Cases{{List|style type=lower-alpha|The Minister of Justice or Deputy Minister of Justice may bring criminal charges against any individual. A report detailing the charges against the accused must be made to both the Chief Justice and public at large at the time charges are brought.|If no such report is given, the case will not be brought before the Court and the accused will be freed if they were under arrest in relation to the charges.|During the selection of attorneys, if the defendant desires an attorney but can not provide one, they may request that the Ministry of Justice provide a public defender. Defendants will automatically be provided with a public defender after a week if they do not forgo legal counsel.}}
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#Arrests{{List|style type=lower-alpha|The Ministry of Justice and Ministry of Regional Security may arrest persons suspected of criminal offenses.|If an arrest is made, criminal charges will be presented to the Chief Justice.|If no charges are presented within one week or the Chief Justice decides not to hold a trial, the arrested will be freed.}}
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#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 defendants.}}
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#Filing of Suits{{List|style type=lower-alpha|Any person or private organization may bring a suit against a private person or organization, or a public official or office.|The Chief Justice will choose whether to try cases based on their opinion of the importance and validity of the suit.}}
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#Arrests{{List|style type=lower-alpha|The Minister of Regional Security, the Deputy Minister of Regional Security, agents of the Ministry of Regional Security, the Minister of Internal Affairs, the Deputy Minister of Internal Affairs, the Minister of Justice and the Deputy Minister of Justice will all be empowered to make arrests, and will be called officers of the law.|An officer of the law may arrest any person they observe committing a criminal act. If a person is not observed committing a 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 informing them of the arrest and reasons for it. If no report is filed within a week, the arrested will be freed.|If the Ministry of Justice does not bring formal criminal charges within a week, the arrested will be freed. The Ministry of Justice may free the arrested before this deadline if they believe no charges can be brought.|A single warrant will only authorize the arrest of a single individual. A warrant will become void once the individual has been arrested or a week passes since it was granted.}}
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#Selection of Attorneys{{List|style type=lower-alpha|Attorneys will be chosen before the start of a trial.|In criminal cases, the Ministry of Justice will provide an attorney to the defense if they request it or do not choose an attorney.|Anyone may represent themselves.|No more than one week will be allowed for the selection of attorneys.|The Chief Justice may dismiss any attorney who ignores judicial procedure and order a new one to be chosen.}}
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#Compulsion of Testimony or Evidence{{List|style type=lower-alpha|}}
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#Recusal of Justices{{List|style type=lower-alpha|Any justice may choose to recuse themselves.|An attorney may request that a justice be recused. 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 trial.|Any recusals will occur before the start of the trial.}}
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#Recusal of Justices
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#Scheduling Trials.{{List|style type=lower-alpha|The Chief Justice will confer with the prosecution and defense separately about when they will be able to hold a trial. The Chief Justice will then confer with the Court and decide a time and date for the trial.|During a trial an attorney may ask that the trial to be recessed and resumed later. The Chief Justice will grant or deny 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.}}
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#Contempt of Court and Obstruction of Justice{{List|style type=lower-alpha|}}
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#Evidence and Testimony{{List|style type=lower-alpha|Evidence and witness testimony will be presented to the Chief Justice before the trial.|The Chief Justice will share all evidence and testimony with both sides before the trial.|The Chief Justice may bar irrelevant or inappropriately obtained evidence or testimony.|The Chief Justice may order evidence or testimony to be provided at the request of an attorney.|Witnesses will deliver their own testimony.|The prosecution and defense may question any witness called by the other.}}
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#Presentation of Cases{{List|style type=lower-alpha|The prosecution and defense will both be given time to present their cases and rebuttals.|Justices may question any attorney or witness.}}
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#Deliberation{{List|style type=lower-alpha|Deliberations will be conducted in private.|Justices who were not present for the trial will be provided with a transcript of the trial.|If the Court finds for the prosecution, the Court will decide upon appropriate punishments or remedies.|A justice of the Chief Justice's choosing will author a statement of the Court's reasoning.|If the Court does not issue a decision within one week of a trial's conclusion, the Court will vote on the verdict immediately.}}
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#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 by either side.|A retrial may be called by the prosecution only within six weeks of the end of the original trial.|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.}}
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#Obstruction of Justice{{List|style type=lower-alpha|No attorney or witness may knowingly present false evidence or false testimony|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 to any punishments or remedies issued by the Court.}}

Latest revision as of 13:45, 25 June 2011

  1. Criminal Charges
    1. The Ministry of Justice and Ministry of Regional Security may bring criminal charges against any person.
    2. If charges are brought, the Chief Justice will decide whether to hold a trial.
    3. If the Chief Justice decides not to hold a trial, the same charges may not be brought against the same person again.
    4. No charges may be brought if sixteen weeks have passed since the alleged offense was detected.
  2. Arrests
    1. The Ministry of Justice and Ministry of Regional Security may arrest persons suspected of criminal offenses.
    2. If an arrest is made, criminal charges will be presented to the Chief Justice.
    3. If no charges are presented within one week or the Chief Justice decides not to hold a trial, the arrested will be freed.
  3. Filing of Suits
    1. Any person or private organization may bring a suit against a private person or organization, or a public official or office.
    2. The Chief Justice will choose whether to try cases based on their opinion of the importance and validity of the suit.
  4. Selection of Attorneys
    1. Attorneys will be chosen before the start of a trial.
    2. In criminal cases, the Ministry of Justice will provide an attorney to the defense if they request it or do not choose an attorney.
    3. Anyone may represent themselves.
    4. No more than one week will be allowed for the selection of attorneys.
    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.
    2. An attorney may request that a justice be recused. If a justice refuses a request for recusal, the other justices of the Court may force their recusal by a majority vote.
    3. If the Chief Justice is recused, they will appoint an associate justice Acting Chief Justice for the trial.
    4. Any recusals will occur before the start of the trial.
  6. Scheduling Trials.
    1. The Chief Justice will confer with the prosecution and defense separately about when they will be able to hold a trial. The Chief Justice will then confer with the Court and decide a time and date for the trial.
    2. During a trial an attorney may ask that the trial to be recessed and resumed later. The Chief Justice will grant or deny such requests at their discretion.
    3. 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. Evidence and witness testimony will be presented to the Chief Justice before the trial.
    2. The Chief Justice will share all evidence and testimony with both sides before the trial.
    3. The Chief Justice may bar irrelevant or inappropriately obtained evidence or testimony.
    4. The Chief Justice may order evidence or testimony to be provided at the request of an attorney.
    5. Witnesses will deliver their own testimony.
    6. 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 time to present their cases and rebuttals.
    2. Justices may question any attorney or witness.
  9. Deliberation
    1. Deliberations will be conducted in private.
    2. Justices who were not present for the trial will be provided with a transcript of the trial.
    3. If the Court finds for the prosecution, the Court will decide upon appropriate punishments or remedies.
    4. A justice of the Chief Justice's choosing will author a statement of the Court's reasoning.
    5. If the Court does not issue a decision within one week of a 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 by either side.
    3. A retrial may be called by the prosecution only within six weeks of the end of the original trial.
    4. The Chief Justice will decide whether to hold a retrial based on the importance and validity of the new evidence presented.
    5. 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 false testimony
    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 to any punishments or remedies issued by the Court.
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