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Jellysna
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PostSubject: Council Jury   Council Jury Icon_minitimeSat Mar 17, 2007 10:43 pm

Just so the public can see.

Council Jury

Perhaps a new idea for council is to have assistant judges to assist the Judge to decide if the defendant in each case is guilty or not. To explain more:

Start from the beginning of events of how it would take place –

Case is initially filed by Public Prosecutor In-game through the bill of indictment.

Defendant makes the first defense pleading and then Prosecutor files the prosecutor’s indictment In-game

Last defense pleading need not be necessary.

The court then moves to the forums.

Witnesses can be called. There can be a limit on the number of witnesses as decided by the Judge.

The Prosecutor and the Defendant has the right to (cross) examine the witnesses now.

Finally the Defendant can make the last defense pleading and the Prosecutor has a final closing statement.

The Judge and assistant judges recess to their jury forum and goes over the evidence, statements and discusses the case

Judge and assistant judges vote on the case and find the defendant guilty or innocent

Judge will give verdict In-game and the sentence

Case is then closed

This will take a little longer than a normal case. However I think that the citizens will relish the idea that there is more fairness to the courts. Also it helps create more role-play.

Official positions:
How to find a Judge – The judge on council
How to find Jury – Members from different political parties and are selected at the start of each term.
How many on a Jury – 4 assistant judges are nice and even. After the discussion, the assistant judges vote first. A 3-1 or 4-0 vote will be required to pass sentence. If its tied 2-2, then the actual judge can break the tie with the council judge’s vote.


Last edited by on Sat Mar 31, 2007 9:25 am; edited 1 time in total
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Ellsbeth
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PostSubject: Re: Council Jury   Council Jury Icon_minitimeSun Mar 18, 2007 12:51 am

I support this Proposal as it allows for more objective judgements and makes way for a greater amount of the people of Somerset to have a voice in thier own county and the decisions that affect their way of life.

Excellent proposal Justice Jelly! Huzzah!
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sajanzv
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PostSubject: Re: Council Jury   Council Jury Icon_minitimeSun Mar 18, 2007 3:21 am

If citizens wish to give their opinion on this issue, please go to the Judge's office. Its located down the hall somewhere.
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Poliphil
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PostSubject: Re: Council Jury   Council Jury Icon_minitimeSun Mar 18, 2007 5:16 am

Excellent idea indeed. We just have to work on the procedure via which the jury will be selected.

And a little but important remark: The principle of "equality of arms", which dictates that there must be as many statements of the defendant as of the Prosecutor, can only be bent in favour of the defendant.And the last word in every penal process is to be allowed to the defendant.

So, the second defense pleading (ig) is to be kept. But due to the in game limit of two weekdays' ,both the 2nd ig indictment and the last ig defence pleading will be no more than a clarification of positions, announcement of the witnesses and a reference to the forum trial. In the forum trial, all participants must have the right to (cross) examine the witnesses. And in the end, the prosecutor's final statement followed by the defendant's last word.

Combining this idea of forum procedure with my initial idea of a civil law procedure (it has n't been published but it is always available) we can also solve the big issue of proving the damage caused by the crime and defining the victim's compensation.
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Poliphil
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PostSubject: Re: Council Jury   Council Jury Icon_minitimeMon Mar 19, 2007 3:03 am

Also, the new system of forum trial should be applied only to the most complicated cases, in my opinion. For example,when the crime is confessed I think calling up of a jury is needless.
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sajanzv
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PostSubject: Re: Council Jury   Council Jury Icon_minitimeSat Mar 31, 2007 3:43 am

Now that the new council is in place, we can discuss this more in detail....
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Jellysna
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PostSubject: Re: Council Jury   Council Jury Icon_minitimeSat Mar 31, 2007 9:24 am

Quote :
But due to the in game limit of two weekdays'

There is no limit, after two weekdays the judge has a choice to skip his presentation and go on to the next step.

The bill of indictment is only what the pp says that the alleged criminal has done wrong.

Quote :
both the 2nd ig indictment and the last ig defence pleading will be no more than a clarification of positions,

So there is no seconded indictment. Which is why the ig last defence should not be used. (if they do fill it in, judge just wont read it).

I agree that the pp should call someone ig to announce witnesses and reference to forum trail.

I edited the procedure to add the cross examination.
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Jellysna
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PostSubject: Re: Council Jury   Council Jury Icon_minitimeSat Mar 31, 2007 7:29 pm

Please discuss this with me and help find anything wrong with it.

Quote :
Judicial Bench of Somerset (JBS)
The following is a procedure for the courts of Somerset. (Optional)

Article 1 Requirements
If the defendant wishes to make use of the Judicial Bench of Somerset system, he/she must appeal to the County Council judge.

If the defence wishes to make use of the Judicial Bench of Somerset system, the alleged crime will need to be moderate, serious or infamous or at the judge’s decision. Light crimes will not be accepted in the JBS. The four categories are defined in the legal Corpus of Somerset in article 2.1.3.

Article 2 Definitions & Official positions
Judicial Bench of Somerset - A judiciary body constituted of the county council judge and four assistant judges from across Somerset to deal with certain cases in the county courts.

Overall Judge – The judge on county council

Assistant Judges – Members from different political parties and selected at the start of each term.

Number of Assistant Judges – 4

Article 3 Assistant Judges
A term lasts for two months.

An Assistant Judge has to fulfil the following requirements:
Be an upstanding citizen of honour and integrity
Have been playing for at least 50 days
Be at least Level 1
Been an active member of the forums for at least a month
Must have their main residence in Somerset
Is not a current councillor or mayor of Somerset
Has not be convicted by any English courts in the last two months
Have a clear understanding of Book two in the Legal Corpus of Somerset

Article 4 County Council Judge (Overall Judge)
The County Council judge is to be the chief judge in the cases that come before the JBS.

Ten days before the county council term ends, the outgoing county judge will put a notice up for assistant judges. After the incoming County Council judge has selected the four assistant judges, they must be ratified through the county council using established voting procedures


Article 5 Conducting a Judicial Case Using the Judicial Bench of Somerset
Case is initially filed by Public Prosecutor in-game through the bill of indictment.

The Public Prosecutor must add a notice in the bill of indictment stating that if the alleged crime is moderate to infamous, the defendant can make use of the Judicial Bench of Somerset system by appealing to the Judge in his/her first defense plea

Defendant makes the first defense pleading and then Prosecutor files the prosecutor’s indictment in-game

Last defense pleading need not be necessary.

The court then moves to the forums.

Witnesses can be called. There can be a limit on the number of witnesses as decided by the Judge.

The Prosecutor and the Defendant has the right to (cross) examine the witnesses now.

Finally the Defendant can make the last defense pleading and the Prosecutor has a final closing statement.

The Judge and assistant judges recess to their jury forum and go over the evidence, statements then they discusses the case

Judge and assistant judges vote on the case and find the defendant guilty or innocent

Judge will give verdict In-game and the sentence

Case is then closed

Article 6 Resigning from the Judicial Bench of Somerset
At their discretion, assistant judges may resign at any time from the Judicial Bench of Somerset

Should a serving assistant judge ever become a member of the County Council or become a Mayor of a town, he/she will either resign from being an assistant judge.

In case an assistant judge decides to resign, the County Council Judge is able to nominate a new replacement to take his/her seat.
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Jellysna
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PostSubject: Re: Council Jury   Council Jury Icon_minitimeMon Apr 02, 2007 7:58 am

So no thoughts? everything is perfect? Laughing
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Hypno
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PostSubject: Re: Council Jury   Council Jury Icon_minitimeMon Apr 02, 2007 8:50 am

Seem so Laughing
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Hypno
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PostSubject: Re: Council Jury   Council Jury Icon_minitimeTue Apr 03, 2007 9:44 am

Ok you want to add that to the laws books of somerset?

I suggest to add that to book 3
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Jellysna
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PostSubject: Re: Council Jury   Council Jury Icon_minitimeTue Apr 03, 2007 12:47 pm

Quote :
Art. 1.4.8. : The trial is public and is held at the County court.
Current law

changed to
Quote :
Art. 1.4.8. : The trial is public and is held at the County court or in the forums if required before the Judicial Bench of Somerset.
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Hypno
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PostSubject: Re: Council Jury   Council Jury Icon_minitimeTue Apr 03, 2007 12:51 pm

Ok i put the change in book three and submit to IG vote.

Since we can hold only one IG vote.

For book one will follow after ...
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