Difference between revisions of "Proposal/Due Process Act"

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#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.}}
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#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.}}
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#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.}}
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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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#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.}}
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#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.}}
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#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.}}
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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{{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.}}
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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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#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.}}
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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 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.}}
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#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.}}
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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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#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.}}
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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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#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.}}
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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.|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.}}
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#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.}}
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#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 08:49, 18 June 2011

  1. Arrests and Criminal Charges
    1. The Executive Government may empower officers to arrest persons suspected of criminal offenses.
    2. 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.
    3. 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.
    4. No charges may be brought if sixteen weeks have passed since the alleged offense was committed.
  2. 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.
  3. Selection of Attorneys
    1. Attorneys will be chosen before the start of a trial.
    2. No more than one week will be allowed for the selection of attorneys.
    3. In criminal cases, the Government will provide an attorney to the defense if they request it or do not choose an attorney.
    4. The Chief Justice may dismiss any attorney who ignores judicial procedure and order a new one to be chosen.
  4. 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.
  5. 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.
  6. Evidence and Testimony
    1. Evidence and witness testimony will be presented to the Chief Justice before the trial.
    2. The Chief Justice may bar irrelevant or inappropriately obtained evidence or testimony.
    3. The Chief Justice may order evidence or testimony to be provided at the request of an attorney.
    4. Witness testimony will be presented in person.
    5. The prosecution and defense may question any witness called by the other.
  7. 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.
  8. 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.
  9. 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.
  10. Obstruction of Justice
    1. No attorney or witness may knowingly present false evidence or false 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.
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