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#Post#: 493--------------------------------------------------
Proposal: New Rule. Judicial Reform
By: JamesSupreme Date: January 27, 2011, 8:10 am
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REPORTED
1) A crime is reported to the Dictator of the subNomic that the
crime was committed. Any evidence that they reporting player
feels can be used is handed over.
2) Once a report is brought to the Dictator, the following
questions are decided:
a) Does the report actually allege a crime?
b) Does the report allege imminent danger which would
require the removal and placement of the victim?
c) Does the scene need to be secured or visited
immediately?
d) Is there any physical evidence that should be collected?
e) Who are the possible witnesses?
f) Is there enough evidence to permit an investigation?
INVESTIGATION
3) An investigation is done by the Dictator. In an
investigation, a Dictator may do any of the following:
a) Interrogate other active players through Private
Message.
b) Investigate and read all Private Messages by all active
players.
c) Investigate all forums under their subNomic.
d) Investigate all evidence brought in by the reporting
player.
4) The Dictator then looks at all evidence and decides where to
move from here. The Dictator may decide whether or not the
player should be arrested (thye may not if there is not enough
evidence) Also, the Dictator writes up a short report explaining
the charge that he or she sees fit and how they came to that
conclusion.
ARREST
5) If the Dictator decides the player should be arrested, the
arrested player is read their Miranda Rights and is put on the
inactive list.
"You have the right to remain silent. Anything you say can
and will be used against you in a court of law. You have the
right to speak to an attorney, and to have an attorney present
during any questioning. If you cannot afford a lawyer, one will
be provided for you at government expense."
WHO IS THE LAWYER?
The lawyer is any player that has declared themselves as a
lawyer. If the player can not afford the lawyer, someone is
appointed as a temporary lawyer. A temporary lawyer is paid 100
points (or other form of currency depending on the subNomic).
INITIAL APPEARANCE/PRELIMINARY HEARING
6) This is the first appearance in court of a player who has
been arrested at which the charges are read and the court
decides whether or not the accused may be provisionally released
(and, if so, the amount of the bail that must be deposited in
order to secure the accused person’s release). In subNomics in
which this rule of law is observed, this first appearance is
before a judge and will happen immediately after arrest. At this
point, a Judge may decide one of two things: the player's case
is dropped or dismissed, or charge as Bail or Detention.
WHO IS THE JUDGE?
The Judge is a player from another Nomic that has no part in the
case (in other words, completely unbiased).
6a) If a player is moved through bail, they do not pay yet.
In fact a player is not even given an amount. At this point, the
player is listed under a misdemeanor trial. Please read steps
7-9.
6b) If a player is moved through detention, please read
steps 10-12.
MISDEMEANORS
7) This is the less serious of the two outcomes. First off, a
player may be put through two things: a guilty plea or trial.
7a) A guilty plea is done by the accused to the Dictator.
At this point, the case is moved directly to sentencing.
7b) A trial is held in front of the same Judge and a Jury.
(This could happen at the same time as the Preliminary Trial.)
In this step they examine and assess the evidence (again)
against a person accused of a crime. In a trial, the lawyer may
interrogate in an open forum witnesses, the accused and the
accusing under the Judge and Jury's watch. The Jury gives their
verdict to the Judge via Private Message and the Judge finally
gives his or her verdict.
WHO IS THE JURY?
The Jury is all active players in the subNomic.
SENTENCING
8 ) The verdict may decide one of four things (or a combination
of many): Probation, Jail, Fine, or Acquittal.
8a) Probation: The player is released back onto the active
list but with a limit. Violation of this limit will turn the
verdict directly back to sentencing and the Judge decides on one
thing: how long the accused's sentence in jail will be.
8b) Jail: The player is left on the inactive list and is
not allowed to post or spend or gain points (or other monetary
system) while in jail. They are allowed to send Private
Messages. This could be for a period of time determined by the
Judge.
8c) Fine: The player is released back onto the active list
but must pay a fine, the sum determined by the Judge. Not paying
the fine within two weeks will turn the verdict directly back to
sentencing and the Judge decides on one thing: how long the
accused's sentence in jail will be.
8d) Acquittal: The player is immediately labeled as not
guilty. The player is released onto the Inactive list and no
Karma point is taken away.
9) Once all sentences are fulfilled, the player is released back
onto the active list with one Karma point taken away. This shows
how many times a player has been sentenced.
FELONIES
10) This is more serious of the two outcomes. First off, a
player may be put through two things: a guilty plea or trial.
10a) A guilty plea is done by the accused to the Dictator.
At this point, the case is moved directly to sentencing.
10b) A trial is held in front of the same Judge and a Jury.
(This could happen at the same time as the Preliminary Trial.)
In this step they examine and assess the evidence (again)
against a person accused of a crime. In a trial, the lawyer may
interrogate in an open forum witnesses, the accused and the
accusing under the Judge and Jury's watch. The Jury gives their
verdict to the Judge via Private Message and the Judge finally
gives his or her verdict.
SENTENCING
11) The verdict may decide one of five things (or a combination
of many): Probation, Penitentiary, Capital Punishment, Fine, or
Acquittal.
11a) Probation: The player is released back onto the active
list but with a limit. Violation of this limit will turn the
verdict directly back to sentencing and the Judge decides on one
thing: how long the accused's sentence in jail will be.
11b) Penitentiary: The player is left on the inactive list
and is not allowed to post or spend or gain points (or other
monetary system) or anything else while in jail. They are not
allowed to send Private Messages. This could be for a period of
time determined by the Judge.
11c) Fine: The player is released back onto the active list
but must pay a fine, the sum determined by the Judge. Not paying
the fine within two weeks will turn the verdict directly back to
sentencing and the Judge decides on one thing: how long the
accused's sentence in jail will be.
11d) Acquittal: The player is immediately labeled as not
guilty. The player is released onto the Inactive list and no
Karma point is taken away.
11e) Capital Punishment: A player is extracted from the
subNomic and not allowed to come back-- ever. This is held for
the worst of the worst of cases.
The accused may appeal the case to the Supreme Court if he feels
the sentence is unfair. This will be explained in steps 13-20.
12) Once all sentences are fulfilled (with the exception of
Capital Punishment), the player is released back onto the active
list with two Karma points taken away. This shows how many times
a player has been sentenced.
APPEALMENT
13) If a player appeals to the Supreme Court, a Jury of the
Chairman, Vice-Chairman and Secretary is made. If one of the
three are the accused, then another player is charged with the
job of fulfilling the position. All evidence is brought forward
to the Supreme Court and a debate on a possible verdict is
posted as "Hearing: X" the X replaced with the name of the
accused and a short description of the case.
FINAL VERDICT
14) After the debate has come to a compromise, the Supreme Court
writes a review, posted under Hearings as "Verdict: X" the X
replaced with the name of the accused and a short description of
the case. The review must state, all evidence, the final
verdict, the accused and the reasoning for the final verdict.
The verdict can be one of two things:
--An agreement with the lower court, keeping the original
verdict.
--A disagreement with the lower court, discarding the
original verdict and leaving the accused not guilty.
15) This is the end of the Judicial System.
***Now, this can be shortened (mostly by taking out the
Misdemeanor section but I feel that it is needed personally. But
that's something to discuss.***
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