Judicial Reform

[Gandallfia]

If an appeal is heard by the Court then it should be heard by the Judge who did not hear the original case - I haven't decided if it should be with a Jury or not...

[Gandallfia]

Also does someone want to write up a civil and criminal code?

As longas you don't mind it taking me a couple of days then I'll be happy to take one of them, I've gotten a busy weekend and Holy Week.

[Hileville]

Feel free to take one I am fine with it taking a few days to get it done.

[Gandallfia]

If I take Criminal, is it Procedural or Substantive that you are looking for?

[Gandallfia]

Anyhow, I have produced the following two documents for consideration...

[Gandallfia]

<strong class='bbc'>Code of Law (Criminal) Act</strong>



<strong class='bbc'>Preamble</strong>

This bill is to define crimes and degrees of those crimes in the South Pacific.



<strong class='bbc'>I. Definitions</strong>

[*:2xl3zrxu]Assault - the use of obscene, inappropriate, or threatening language directly targeted at another user or group of users



[*:2xl3zrxu]Defamation - communication of a statement which makes a false claim, expressly stated or implied to be factual, in an attempt to ruin the reputation of another user or group of users on this forum



[*:2xl3zrxu]Due Process – the procedures for legal proceedings.



[*:2xl3zrxu]Espionage - obtaining information that is considered secret or confidential without the permission of the holder of the information



[*:2xl3zrxu]False Warn - a warn which is unjustified or false in nature



[*:2xl3zrxu]Fraud - a deception made for personal gain or to damage another user



[*:2xl3zrxu]Main Account - the account designated as the principal account of a user of this forum.



[*:2xl3zrxu]Obscene - appeals predominantly to prurient interests, is partially or wholly offensive to community standards, and is utterly without redeeming social value



[*:2xl3zrxu]Obscene Content - material, in the form of writing or media, which is obscene



[*:2xl3zrxu]Obscene Spamming - spamming obscene content



[*:2xl3zrxu]Perverting the Course of Justice – an attempt to stop Due Process from being fulfilled, including but not limited to, falsifying evidence, obstruction, withholding evidence, contempt of court, failure to comply with a sentence, seeking to avoid justice.



[*:2xl3zrxu]Posting - to write or embed in a topic or thread



[*:2xl3zrxu]Puppeting - the creation of multiple accounts on the forum in order to affect the legal, judicial, or executive processes of this region



[*:2xl3zrxu]Spamming - posting on a topic to slow the load speed of a page or to disrupt a threads usual operation or function



[*:2xl3zrxu]Treason - a deliberate attempt to help enemies of The South Pacific and/or any of its allies which threatens the security and welfare of The South Pacific and/or any of its allies



[*:2xl3zrxu]WA Nation - a nation which is in the World Assembly

<strong class='bbc'>II. Degrees of Crime</strong>

[*:2xl3zrxu]Assault shall be categorized into three degrees.

[*:2xl3zrxu]Assault in the First Degree is assault with the intent to directly threaten another user or group of users of the forum.



[*:2xl3zrxu]Assault in the Second Degree is assault which indirectly implies that another user will be harmed or which makes another user feel threatened.



[*:2xl3zrxu]Assault in the Third Degree is assault using obscene materials.

[*:2xl3zrxu]Defamation shall be categorized into two degrees.

[*:2xl3zrxu]Defamation in the First Degree is defamation which is used to irreparably damage the reputation of another user.



[*:2xl3zrxu]Defamation in the Second Degree is defamation which harms the reputation of another user, but not irreparably.

[*:2xl3zrxu]Fraud shall be categorized into two degrees.

[*:2xl3zrxu]Fraud in the First Degree is fraud which is used to irreparably damage the reputation of another user.



[*:2xl3zrxu]Fraud in the Second Degree is fraud used for personal gain.[/list]<strong class='bbc'>III. Grades of Crime</strong>

[*:2xl3zrxu]The following shall be considered Minor Felonies.

[*:2xl3zrxu]Assault in the Third Degree



[*:2xl3zrxu]Defamation in the Second Degree



[*:2xl3zrxu]Fraud in the Second Degree



[*:2xl3zrxu]Posting Obscene Content



[*:2xl3zrxu]Spamming



[*:2xl3zrxu]The following shall be considered Major Felonies:

[*:2xl3zrxu]Assault in the First Degree



[*:2xl3zrxu]Assault in the Second Degree



[*:2xl3zrxu]Defamation in the First Degree



[*:2xl3zrxu]Fraud in the First Degree



[*:2xl3zrxu]Espionage



[*:2xl3zrxu]Puppeting



[*:2xl3zrxu]Obscene Spamming



[*:2xl3zrxu]Perverting the Course of Justice



[*:2xl3zrxu]Treason[/list]<strong class='bbc'>IV. Jurisdiction</strong>

[*:2xl3zrxu]The Superior Court of The South Pacific shall have the sole jurisdiction to prosecute any user of this forum for any of the crimes outlined in Article III of this Code committed on these forums.



[*:2xl3zrxu]B. Crimes committed by users of this forum on the forum of another region of NationStates, in NationStates itself, or on any NationStates related sites shall be tried on these forums using the law of The South Pacific.

[*:2xl3zrxu]1. The other region shall have jurisdiction to try the user using their own court system.

[*:2xl3zrxu]a. A conviction of the other region may not be used as evidence in the Superior Court of The South Pacific.



[*:2xl3zrxu]These regions may not prosecute a user if their Judicial System violates our Charter.[/list][/list]<strong class='bbc'>V. Other Crimes</strong>

A. Violation of the Zetaboards Terms of Use shall be dealt with by the ADMIN of The South Pacific.

B. Violation of the NationStates Terms of Use shall be reported to a NationStates moderator.



<strong class='bbc'>VI. Implementation</strong>

[*:2xl3zrxu]This code shall come into effect immediately after ratification by the Assembly of The South Pacific.

[Gandallfia]

Procedural (Criminal Law) Act1.1 Proceedings brought before the Superior Court shall be heard and determined in accordance with the rules and procedures as laid out herein and in conjunction with the rules and regulations as laid out in the Charter and other laws of TSP.1.2 All references to ‘Due Process’ shall refer to the procedural process as defined by this Act.1.3 This Act shall ensure the fair and consistent application of fundamental justice to all cases that come before the Superior Court and guarantees the rights of Members in any trial.1.4 It shall be an offence to prohibit the enactment of Due Process, or seek to pervert the course of justice, in any legal proceedings.1.5 This act enshrines the defendant’s right of presumed innocence until proven guilty.1.6 Any reference to ‘Magistrate’ in this Act shall refer to the Presiding Magistrate of the case being heard unless otherwise stated.2.1 Allegations of violations may be lodged by any nation(s) against any other nation(s). 2.2 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 the primary evidence to support the allegations.2.3 Notice that an accusation has been received shall be recognised by the Minister of Justice (MoJ) or an authorised deputy, informing the accused and accuser in an appropriate manner which shall ensure to the greatest degree that the notification shall be received by the intended recipient(s).2.4 In such case that the MoJ fails to inform the parties concerned of receipt of the accusation the case shall not progress to trial.2.5 Sufficient Evidence shall be presented for the Prosecution’s case to the MoJ to determine whether to proceed to trial.2.6 All Member States of TSP are required to submit such evidence as the MoJ shall seek upon request except where the spirit of section 5.5 of this Act may be jeapordised.2.7 The time period for gathering evidence by the MoJ in accordance with section 2.5 shall be no longer than three days (72 hours) from the actions as described in section 2.22.8 Upon the end of the three-day period, the MoJ must determine if the evidence presented is strong enough to merit a trial.2.9 If a decision to proceed to trial is reached the ‘Accused’ shall be referred to as the ‘Defendant’.2.10 The decision reached in accordance with section 2.8 shall be formalised in a notice to be received by the Superior Court, and Defendant which the information must include the Defendant nation(s) and offense(s) they are accused of committing.2.11 Upon receiving notification to progress to trial the Magistrate is charged with creating a topic that designates a motion for trial. In the opening post, the Magistrate must establish the conflicting parties, charges brought upon the Defendant(s) by the Prosecution, the jury, and if the trial is open to public comments or is private. The Magistrate shall also ask the Defendant to enter a plea to the charges (i.e. guilty or not guilty). A plea of not guilty or a failure to enter a plea shall necessitate a trial. In the event of a Defendant pleading guilty, the Magistrate may decide to hold a trial regardless or may pronounce sentence without trial. The Minister of Justice shall oversee the carrying out of the sentence within three days of the pronouncement as outlined by this Act.3.1 The Defendant shall be entitled to the legal counsel of their choosing that is not in conflict with Due Process.3.2 The MoJ shall act as TSP’s Chief Prosecutor, acting as Prosecution in all cases brought before the court except where the MoJ, or a member of the Cabinet is the defendant, in which case the the MoJ shall act as Defence counsel for the Cabinet member (except in circumstances where the Cabinet is bringing charges against another Cabinet member) and the Delegate in respect of the MoJ.3.3 In the event that the MoJ cannot guarantee impartiality the Delegate shall assume their role in relation to Due Process, in such event that the MoJ and Delegate are unable to maintain impartiality in their assigned role in accordance with Due Process the Superior Court shall appoint Counsel.4.1 All trials appearing before the Superior Court shall be trial by Jury except in cases specified by this Act or other provisions as laid down in the Charter and laws of TSP.4.2 The Jury shall consist of three nations selected by the Magistrate 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 Magistrate then has one day to select a new juror or defend the decision regarding the selection of the juror in question.4.3 The Defendant has the right to have their case tried without Jury if a sufficient reason can be supplied to, and approved by, the Magistrate.4.4 This Act enshrines the right to expect trial by an Impartial Jury.5.1 Burden of proof shall rest with the Prosecution to prove beyond reasonable doubt the guilt of the Defendant.5.2 The Prosecution and Defendant shall receive equal and fair opportunity to submit evidence.5.3 The Defendant and Prosecution has the right to confront witnesses against them except where this Act makes provision to the contrary.5.4 The Magistrate retains the sole right and authority to determine on ‘anonymous witnesses’ who require their anonymity for security purposes.5.5 The right of witnesses to avoid Self-Incrimination in giving evidence is enshrined by this Act.6.1 The Magistrate 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 Magistrate.6.2 The trial will begin with three days for the Prosecution to present their case, three days for the Defendant to make their case, and finally three days in which closing arguments can be made by both Prosecutor and Defendant. The Defendant always gets the last word.6.3 If the Prosecution fails to attend during their three days, the trial will be cancelled and the accused acquitted of all charges.6.4 If the Defendant fails to show up during their three days, the Defendant is dismissed and the trial shall proceed in their absence.6.5 Either side may request for more time but such time is not guaranteed by this Act and is in the prerogative of the Magistrate.6.6 After the proceedings have ended, the trial thread is locked by the Magistrate.6.7 Following direction from the Magistrate to consider their verdict the jury has a maximum of seven days (168 hours) to reach a verdict. The jury will reach their decision in accordance with the guidance of the Magistrate following the proceedings. A verdict is reached when the majority of jurors are in agreement.6.8 Verdicts must be announced giving only the charges laid, the parties involved, and whether those parties are guilty or not guilty.6.9 If a verdict is not reached by a jury, for whatever reason, a mistrial will be declared and the Magistrate must re-examine the evidence and decide whether to proceed with a new trial.6.10 On the declaration of a verdict the Magistrate shall declare the appropriate sentence with or without reasoning and shall charge the MoJ with the enforcement of the sentence in its entirety.6.11 Sentences must be carried out within three days of a verdict being rendered by the Magistrate unless the verdict specifies a different timing. The MoJ may call upon forum administrators or the Delegate to assist with carrying out sentencing.7.1 Appeals may be lodged with the Superior Court but only if evidence is supplied showing the trial was not conducted legally.7.2 Appeals shall be heard by a Magistrate who did not Preside over the original trial and in accordance with Due Process.7.3 The decision of the Appeals Court shall be final.

[Gandallfia]

I apologise if they seem a little waffle-y/detailed... wanted to be oversure than under-rigorous.

[Rebel-topia]

On first glance, they look pretty good, Gand I'll take a closer look at them shortly

[LadyRebels]

I apologise if they seem a little waffle-y/detailed... wanted to be oversure than under-rigorous.

You are not MoJ why? :blink:

[Antariel]

Seems big though.

[Hileville]

After reading through these the first time everything looks pretty good to me. I will read through it again tomorrow and put it in the proper format that is required by the Presentation of Bills Act and make any further comments if needed at that time.Very good job and I can see you serving as an elected or appointed official in the future.

[Gandallfia]

You are not MoJ why?

? - are you asking me why I'm not, or why am I apologising since I'm not.... :wacko:

Seems big though

See above! Thankyou for everyone's comments, I know they weren't in the required format, I guess I should have done it from the of, I apologise for not (making extrawok!) as this was somewhat my debut punch to being a useful member of TSP it's nice that they were so well accepted.

[Gandallfia]

<strong class='bbc'>Procedural (Criminal Law) Act</strong>



<strong class='bbc'>Preamble</strong>

This Act seeks to set out the rules and procedures for the holding of trials in The South Pacific’s Superior Court, and to bring comprehensive clarity to the process.



<strong class='bbc'>Article I: Introduction </strong>

[*:nhzwvpfb]Proceedings brought before the Superior Court shall be heard and determined in accordance with the rules and procedures as laid out herein and in conjunction with the rules and regulations as laid out in the Charter and other laws of TSP.



[*:nhzwvpfb]All references to ‘Due Process’ shall refer to the procedural process as defined by this Act.



[*:nhzwvpfb]This Act shall ensure the fair and consistent application of fundamental justice to all cases that come before the Superior Court and guarantees the rights of Members in any trial.



[*:nhzwvpfb]It shall be an offence to prohibit the enactment of Due Process, or seek to pervert the course of justice, in any legal proceedings.



[*:nhzwvpfb]This act enshrines the defendant’s right of presumed innocence until proven guilty.



[*:nhzwvpfb]Any reference to ‘Magistrate’ in this Act shall refer to the Presiding Magistrate of the case being heard unless otherwise stated.

<strong class='bbc'>Article II: Registration of violations</strong>

[*:nhzwvpfb]Allegations of violations may be lodged by any nation(s) against any other nation(s).



[*:nhzwvpfb]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 the primary evidence to support the allegations.



[*:nhzwvpfb]Notice that an accusation has been received shall be recognised by the Minister of Justice (MoJ) or an authorised deputy, informing the accused and accuser in an appropriate manner which shall ensure to the greatest degree that the notification shall be received by the intended recipient(s).



[*:nhzwvpfb]In such case that the MoJ fails to inform both parties concerned of receipt of the accusation the case shall not progress to trial.



[*:nhzwvpfb]Sufficient Evidence shall be presented for the Prosecution’s case to the MoJ to determine whether to proceed to trial.



[*:nhzwvpfb]All Member States of TSP are required to submit such evidence as the MoJ shall seek upon request except where the spirit of section 5.5 of this Act may be jeapordised.



[*:nhzwvpfb]The time period for gathering evidence by the MoJ in accordance with section 2.5 shall be no longer than three days (72 hours) from the actions as described in section 2.2



[*:nhzwvpfb]Upon the end of the three-day period, the MoJ must determine if the evidence presented is strong enough to merit a trial.



[*:nhzwvpfb]If a decision to proceed to trial is reached the ‘Accused’ shall be referred to as the ‘Defendant’.



[*:nhzwvpfb]The decision reached in accordance with section 2.8 shall be formalised in a notice to be received by the Superior Court, and Defendant which the information must include the Defendant nation(s) and offense(s) they are accused of committing.



[*:nhzwvpfb]Upon receiving notification to progress to trial the Magistrate is charged with creating a topic that designates a motion for trial. In the opening post, the Magistrate must establish the conflicting parties, charges brought upon the Defendant(s) by the Prosecution, the jury, and if the trial is open to public comments or is private. The Magistrate shall also ask the Defendant to enter a plea to the charges (i.e. guilty or not guilty). A plea of not guilty or a failure to enter a plea shall necessitate a trial. In the event of a Defendant pleading guilty, the Magistrate may decide to hold a trial regardless or may pronounce sentence without trial. The Minister of Justice shall oversee the carrying out of the sentence within three days of the pronouncement as outlined by this Act.

<strong class='bbc'>Article III: Legal Counsel</strong>

[*:nhzwvpfb]The Defendant shall be entitled to the legal counsel of their choosing that is not in conflict with Due Process.



[*:nhzwvpfb]The MoJ shall act as TSP’s Chief Prosecutor, acting as Prosecution in all cases brought before the court except where the MoJ, or a member of the Cabinet is the defendant, in which case the the MoJ shall act as Defence counsel for the Cabinet member (except in circumstances where the Cabinet is bringing charges against another Cabinet member) and the Delegate in respect of the MoJ.



[*:nhzwvpfb]In the event that the MoJ cannot guarantee impartiality the Delegate shall assume their role in relation to Due Process, in such event that the MoJ and Delegate are unable to maintain impartiality in their assigned role in accordance with Due Process the Superior Court shall appoint Prosecution Counsel.

<strong class='bbc'>Article IV: Jury</strong>

[*:nhzwvpfb]All trials appearing before the Superior Court shall be trial by Jury except in cases specified by this Act or other provisions as laid down in the Charter and laws of TSP.



[*:nhzwvpfb]The Jury shall consist of three nations selected by the Magistrate 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 Magistrate then has one day to select a new juror or defend the decision regarding the selection of the juror in question.



[*:nhzwvpfb]The Defendant has the right to have their case tried without Jury if a sufficient reason can be supplied to, and approved by, the Magistrate.



[*:nhzwvpfb]This Act enshrines the right to expect trial by an Impartial Jury.

<strong class='bbc'>Article V: Evidence</strong>

[*:nhzwvpfb]Burden of proof shall rest with the Prosecution to prove beyond reasonable doubt the guilt of the Defendant.



[*:nhzwvpfb]The Prosecution and Defendant shall receive equal and fair opportunity to submit evidence.



[*:nhzwvpfb]The Defendant and Prosecution has the right to confront witnesses against them except where this Act makes provision to the contrary.



[*:nhzwvpfb]The Magistrate retains the sole right and authority to determine on ‘anonymous witnesses’ who require their anonymity for security purposes.



[*:nhzwvpfb]The right of witnesses to avoid Self-Incrimination in giving evidence is enshrined by this Act.

<strong class='bbc'>Article VI: Procedures for Trial</strong>

[*:nhzwvpfb]The Magistrate 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 Magistrate.



[*:nhzwvpfb]The trial will begin with three days for the Prosecution to present their case, three days for the Defendant to make their case, and finally three days in which closing arguments can be made by both Prosecutor and Defendant. The Defendant always gets the last word.



[*:nhzwvpfb]If the Prosecution fails to attend during their three days, the trial will be cancelled and the accused acquitted of all charges.



[*:nhzwvpfb]If the Defendant fails to show up during their three days, the Defendant is dismissed and the trial shall proceed in their absence.



[*:nhzwvpfb]Either side may request for more time but such time is not guaranteed by this Act and is in the prerogative of the Magistrate.



[*:nhzwvpfb]After the proceedings have ended, the trial thread is locked by the Judge.



[*:nhzwvpfb]Following direction from the Magistrate to consider their verdict the jury has a maximum of seven days (168 hours) to reach a verdict. The jury will reach their decision in accordance with the guidance of the Magistrate following the proceedings. A verdict is reached when the majority of jurors are in agreement.



[*:nhzwvpfb]Verdicts must be announced giving only the charges laid, the parties involved, and whether those parties are guilty or not guilty.



[*:nhzwvpfb]If a verdict is not reached by a jury, for whatever reason, a mistrial will be declared and the Magistrate must re-examine the evidence and decide whether to proceed with a new trial.



[*:nhzwvpfb]On the declaration of a verdict the Magistrate shall declare the appropriate sentence with or without reasoning and shall charge the MoJ with the enforcement of the sentence in its entirety.



[*:nhzwvpfb]Sentences must be carried out within three days of a verdict being rendered by the Magistrate unless the verdict specifies a different timing. The MoJ may call upon forum administrators or the Delegate to assist with carrying out sentencing.

<strong class='bbc'>Article VII: Appeals</strong>

[*:nhzwvpfb]Appeals may be lodged with the Superior Court but only if evidence is supplied showing the trial was not conducted legally.



[*:nhzwvpfb]Appeals shall be heard by a Magistrate who did not Preside over the original trial and in accordance with Due Process.

<strong class='bbc'>Article VIII: Repeals and amendments</strong>

[*:nhzwvpfb]Amendments to D-#5 The Delegacy of TSP and endorsement Law

[*:nhzwvpfb]D-#5, IV.2 - Any charges of wrong doing within the election shall be reported to the Minister of Justice who shall investigate any accusations and hold a trial for any crimes in accordance with Due Process as outlined by the Procedural (Criminal Law) Act .



[*:nhzwvpfb]D-#5, V.4 - Any nation ejected for breaking the cap three times may be put on trial by the Minister of Justice in accordance with Due Process as outlined by the Procedural (Criminal Law) Act.

[*:nhzwvpfb]Amendments to G-#1 Adspam Policy

[*:nhzwvpfb]G-#1, V.2 - The <del>Minister of Justice </del>Superior Court will hear the appeal as described in <del>Article 7 of the Charter </del>the Procedural (Criminal Law) Act.

[*:nhzwvpfb]Amendments to J-#1 Voting Law

[*:nhzwvpfb]J-#1, 2 - Any nations suspected of casting multiple votes in an election or other important poll shall be immediately put on Trial, as per the<del> Charter </del>Procedural (Criminal Law) Act.



[*:nhzwvpfb]J-#1, 4 - Nations pleading Not Guilty that are found Guilty of the charge of Voter Fraud by a jury of their peers as per the <del>Charter</del> Procedural (Criminal Law) Act shall be banned from the region and the regional boards …[cont.]…

[*:nhzwvpfb]Amendments to J-#3 Three Warnings Law

[*:nhzwvpfb]J-#3, 8 - Once a nation has accumulated 3 Warnings, they shall be ejected and banned from the region. Nations wishing to contest their banishment shall follow the Trial procedures set forward in the <del>Charter</del> Procedural (Criminal Law) Act.[/list]

[Gandallfia]

Did I get the above right?

[Gandallfia]

And can we now get this to a vote so I don't keep dreaming about it and consider rewritting the whole thing... again....

[Antariel]

Lol.

[Hileville]

I think we are looking good on this. I will make a voting forum shortly and post it in their for a period of 24 hours for review.

[Hileville]

The Amendments to Articles 7 and 16 as well as the Criminal Code and Procedural Criminal Law Act have been moved into the voting area for review. Please post in this thread if there are any changes that need to be made.

[Gandallfia]

The Amendments to Articles 7 and 16 as well as the Criminal Code and Procedural Criminal Law Act have been moved into the voting area for review. Please post in this thread if there are any changes that need to be made.

Yay!

[Hileville]

To respond to Uni's post in side the voting thread which was:

My only problem is, what happens if the Chief Prosecutor isn't available? But, aye for now.

Article 8.2 applies in this case just like all other Government Officials. The MoJ is allowed to appoint a Deputy. The Deputy could take over in that case. I know since I have been Delegate I have encouraged all Cabinet members to appoint a Deputy for that exact reason. Not all have wanted to and that was fine with me but it should be encouraged.

[Gandallfia]

I'll move these bits from the voting thread to here:

No laws that currently exist are being repealed, all laws that currently exist will continue to do so, this was an attempt to draw together a list of as many of the laws as I could remember and find into one list to make it easier than trawlling through every law to find them. If anything has been missed than I apologise and wish that it had been raised at the discussion stage, however, I am happy for this Bill to go forwards and become an Act of the Coalition of TSP as it is and will endeavour to ensure that it is checked at a future date to ensure that it is as comprehensive a list as possible.Without looking I would not be sure what exactly your crime was so could not comment substantively on whether that crime is on the current list or not, but as I say will ensure that it is added asap. As an addition the reasoning behind it was to lay down some ground rules for parity and openess of justice. To have the crimes fo TSP laid out in some form means that a particular judge harbouring a vendetta (and not having declared it) and citizens cannot try to enforce a judgement which is out of line with the severity of the crime, a consistancy to judgements should become a fundamental basis of TSP judiciary as a result of this (I hope.)

[Gandallfia]

Unibot

Nay, because I believe that "community standard tests" for obscenity laws can be homophobic and otherwise very discriminatory in practice.

If you knew me better then you would know that this is not an indended consequence of this list, but sometimes the law of unintended consequences prevails, but I would say that the freedom of speech and thought can lead to problems in this area too which is why I'm sure common sense and the nature of TSP in freedom will prevail (now you have put problems in my mind I can imagine awaiting a test case in the Superior Court to settle this which is not going to be fun.) I would also hope that common sense would prevail and people would interpret obscene as pornographic, crossing the bounds of normal decency etc. I fail to see how anyone making refrence to their partner/girlfriend/boyfriend/minion etc. etc. would be counted as obscene except in a really narrow minded view and any view that objects to a gay relationship being talked about would find that heterosexual relationships would be aswell.If you would like to suggest any ammendments to the list, as I have said in reply to Ant.'s question, then I'm grateful, I composed a list that would simplify finding the crimes someone may have committed and provide an opportunity to standardise judgements (so as to avoid something minor being given a punishment on par with something major) I know it is not a full list, as is an interpretation of the crimes as I saw as being already spelled out in the current Charter and laws, and in the general nature of TSP and the conventions people follow whilst on the forum.I'm sorry that you can't put agreement to the Bill but that is your choice, and should it succeed I hope that you will bring forwards an ammendment as soon as able to improve any issues arising.GandPS. I will add it here, it would have been better for these bits of legislation if more people had actually bothered to get involved in the creation and discussion of them, they have been sitting on one forum or another for almost two months and almost only Hil. and myself have actually been involved in forming them and bringing them forwards which I feel is shame, I understand RL can get in the way of things but two months they have been around for discussion! To raise ana objection to wording, something being missed out etc. etc. 48 hours before the end of voting is plain madening in my opinion.