Difference between revisions of "Proposal/Due Process Act"
From Taijitu
(Massive overhaul >__>) |
(Trying to shorten) |
||
Line 1: | Line 1: | ||
− | #Arrests{{List|style type=lower-alpha|The | + | #Arrests and Criminal Charges{{List|style type=lower-alpha|The Executive Government may empower officers to 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, the arrested will be freed.|If charges are presented, the Chief Justice will decide whether to hold a trial. If the Chief Justice decides not to hold a trial, the charges will be dropped and the arrested free.|No charges may be brought if sixteen weeks have passed since the alleged offense was committed.}} |
− | + | #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.}} | |
− | #Filing of Suits{{List|style type=lower-alpha|Any person or private organization may bring a suit against a person, | + | #Selection of Attorneys{{List|style type=lower-alpha|Attorneys will be chosen before the start of a trial.|No more than one week will be allowed for the selection of attorneys.|In criminal cases, the Government 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.}} |
− | #Selection of Attorneys{{List|style type=lower-alpha|Attorneys will be chosen before the start of a trial.|No more than | + | #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.}} |
− | #Recusal of Justices{{List|style type=lower-alpha|Any justice may choose to recuse themselves | + | #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.}} |
− | #Scheduling Trials.{{List|style type=lower-alpha|The Chief Justice will confer with the prosecution and defense separately about | + | #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 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.|Witness testimony will be presented in person.|The prosecution and defense may question any witness called by the other.}} |
− | #Evidence and Testimony{{List|style type=lower-alpha| | + | #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.}} |
− | #Presentation of Cases{{List|style type=lower-alpha|The prosecution and defense will both be given | + | #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.}} |
− | #Deliberation{{List|style type=lower-alpha|Deliberations will | + | |
#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.}} | #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.}} | + | #Obstruction of Justice{{List|style type=lower-alpha|No attorney or witness may knowingly present false evidence or false 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 09:49, 18 June 2011
- Arrests and Criminal Charges
- The Executive Government may empower officers to 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, the arrested will be freed.
- If charges are presented, the Chief Justice will decide whether to hold a trial. If the Chief Justice decides not to hold a trial, the charges will be dropped and the arrested free.
- No charges may be brought if sixteen weeks have passed since the alleged offense was committed.
- Filing of Suits
- 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.
- Selection of Attorneys
- Attorneys will be chosen before the start of a trial.
- No more than one week will be allowed for the selection of attorneys.
- In criminal cases, the Government 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.
- Recusal of Justices
- 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.
- Scheduling Trials.
- 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.
- Evidence and Testimony
- Evidence and witness testimony will be presented to the Chief Justice 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.
- Witness testimony will be presented in person.
- The prosecution and defense may question any witness called by the other.
- Presentation of Cases
- The prosecution and defense will both be given time to present their cases and rebuttals.
- Justices may question any attorney or witness.
- Deliberation
- 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.
- Retrials
- 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
- No attorney or witness may knowingly present false evidence or false 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.