Article 7 amendment

[Daytime to Night]

Article 7 - Judiciary

  1. Allegations of violations may be lodged by any nation(s) against any other nation(s). Allegations must be lodged within the Ministry of Justice forum in the form of a post topic. These allegations must include the accused nation(s) and offense(s) they are accused of committing in addition to any witnesses or advocates each side wishes to have appear before the trial.
  2. The Minister of Justice shall be responsible in all respects for the processing of the allegation. If an allegation is lodged against the Minister of Justice, the Delegate shall be responsible for the processing.
  3. The Minister of Justice must call for evidence from the nation lodging the allegation during a consultation period that may last no more than three days. Upon the end of the three-day period, the Minister of Justice must determine if the evidence presented is strong enough to merit a trial. This decision will be made in a reply to the allegation post, and reasoning based on the charter and/or the code of laws shall be presented in the decision.
  4. If a trial is deemed necessary, the Minister of Justice is charged with creating a topic that designates a motion for trial. In the opening post, the Minister of Justice must establish the conflicting parties, charges brought upon the accused person(s) (labeled henceforth as the Defense) by the accuser(s) (labeled henceforth as the Prosecution), the jury, and if the trial is open to public comments or is private.
  5. The Minister of Justice must select three nations to serve as jurors from a random pool of volunteering citizens. Either party may reject any nominated juror, and any requests to call for the removal of a juror must be registered within 24 hours of the creation of the trial thread. The Minster of Justice then has one day to select a new juror or defend the decision regarding the selection of the juror in question.
  6. The Minister of Justice is charged with guiding the direction of the trial: from the motion, to evidence provided by the Prosecution, to the Defense, to opening the floor for questions, and suspending the trial to allow for jurors to reach a verdict. Only those given clearance to post during the trial may do so as directed by the Minister of Justice.
  7. Procedure for any trial is as follows.
          * The trial will begin with three days for the Prosecution to present their case, three days for the Defense to make their case, and finally three days in which closing arguments can be made by both Prosecutor and Defender. The Defender always gets the last word.
          * If the Prosecution fails to attend during their three days, the trial will be cancelled and the accused acquitted of all charges.
          * If the Defense fails to show up during their three days, the defense is dismissed.
          * Either side may request for more time.
          * After the proceedings have ended, the trial thread is locked by the Minister of Justice.
  8. Following closing arguments the jury has a maximum of seven days to reach a verdict. The jury will judge only the charges presented by the Minister of Justice following the proceedings. A verdict is reached when the majority of jurors are in agreement.
  9. Verdicts must be announced giving only the charges laid, the parties involved, and whether those parties are guilty or not guilty.
  10. If a verdict is not reached by a jury, for whatever reason, a mistrial will be declared and the Minister of Justice must re-examine the evidence, as specified in Article 7.5, and decide whether to proceed with a new trial.
  11. Any nation found to be seeking to influence the deliberations of the jury will be prosecuted with a maximum penalty of expulsion from The South Pacific.
  12. Sentences must be carried out within three days of a verdict being rendered by the Minister of Justice, unless the verdict specifies a different timing. The Minister of Justice may call upon forum administrators or the Delegate to assist with carrying out sentencing.
  13. Appeals may be lodged with the Minister of Justice, but only if evidence is supplied showing the trial was not conducted legally.
  14. Appeals will be heard by the Delegate, following the procedures for trial laid out in Article 7, 5-18.

I propose the following:

- Additonal clause 7;

7.  If the Minister of Justice believes they have an interest in the trial that may bring into question their impartiality then they may appoint a neutral Associate Justice from their staff to preside over the case. The Defense or the Prosecution may appeal to the delegate if they have compelling evidence that the presiding Judge is predetermined.

- Remaining clauses renumbered accordingly.

[Hileville]

I like it D2N. I just saw this post for some reason.

[Daytime to Night]

Yeah everyone seems to overlook my topics, I think its my monotone delivery

[Rebel-topia]

the only thing Im worried about would be MoJ appointing someone who could also be impartial to the case. Even though its stated

...they may appoint a neutral Associate Justice from their staff to preside over the case...

Who is to make sure this appointed Asso. Justice is neutral?

[Daytime to Night]

the only thing Im worried about would be MoJ appointing someone who could also be impartial to the case. Even though its stated
<blockquote class='ipsBlockquote' >...they may appoint a neutral Associate Justice from their staff to preside over the case...

Who is to make sure this appointed Asso. Justice is neutral?
</blockquote> The delegate deals with appeals, as provided later in Article 7

[Rebel-topia]

[quote name="Daytime to Night"][quote name="All the Kings men of Rebel-topia"] the only thing Im worried about would be MoJ appointing someone who could also be impartial to the case. Even though its stated

...they may appoint a neutral Associate Justice from their staff to preside over the case...

Who is to make sure this appointed Asso. Justice is neutral? [/quote]

The delegate deals with appeals, as provided later in Article 7[/quote]

Even though its quoted:



[quote name="Article 7]Appeals will be heard by the Delegate, following the procedures for trial laid out in Article 7, 5-18.[/quote]



I assumed that was the defenses appeals post-trial, not any appeal, including pre-trial...





Maybe its my brain over-analyzing it...

[Daytime to Night]

[quote name="All the Kings men of Rebel-topia"]

[quote name="All the Kings men of Rebel-topia"] the only thing Im worried about would be MoJ appointing someone who could also be impartial to the case. Even though its stated

...they may appoint a neutral Associate Justice from their staff to preside over the case...

Who is to make sure this appointed Asso. Justice is neutral?

The delegate deals with appeals, as provided later in Article 7[/quote]

Even though its quoted:



[quote name="Article 7]Appeals will be heard by the Delegate, following the procedures for trial laid out in Article 7, 5-18.[/quote]



I assumed that was the defenses appeals post-trial, not any appeal, including pre-trial...





Maybe its my brain over-analyzing it... [/quote]

Read the last sentence of my amendment

[Rebel-topia]

:thumb: Im an idiot! For

[Hileville]

Do we want to put this amendment through and then work on complete reform?

[Daytime to Night]

That would be my preference

[Hileville]

That would be my preference

Okay then without any objections I will move this to a vote later tonight.