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Amendment 28: Stronger Justice Act

Caduceo

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on: November 01, 2020, 04:31:14 pm
Amendment 28: Stronger Justice Act

Purpose: To add more reforms to our justice system

Author/s: Caduceo, with additional policies from Sir Salibaic


Existing Article; Article F: The Court

1. The Court shall consist of three or five justices.
2. At the beginning of each elected term, the Justices shall elect from among themselves a Chief Justice, who shall be responsible for ensuring that all responsibilities of the Court are upheld.
3. Any citizen may bring a case before the Court. The Justices collectively shall hold the responsibility of deciding whether or not to hear the case. They may only deny a case if it accuses the defendant of an action which is not illegal under any law or statute which applies to them in the Union or which has been found legal by precedent of another case that, except for those involved, was identical.
            3.1. If a case brought to the Court indicts a justice, that justice must recuse themselves from involvement in all stages of that case. The Founder must appoint a special justice to temporarily fulfill their role for that case.
4. If the case shall be heard, the defendant is required to enter a plea of guilt, innocence, or no contest within a week of the case's acceptance.
            4.1. A plea of guilt will skip a trial and move directly to sentencing.
            4.2. A plea of innocence shall move forward with a trial.
            4.3. A plea of no contest means that you do not admit guilt or innocence. The case will move before the justices for sentencing.
5. Each case in which a plea of not guilty was entered into the record shall be heard by a jury of 3 citizens selected at random by the Justices. The following are prohibited from serving on a jury: the defendant, the plaintiff, any citizen currently on trial or that has charges pending, any close personal friends, or any citizen who has served on a jury in the past 3 months.
6. A maximum of two court cases may be heard at one time, based upon the seriousness of the accusation(s). A queue shall be created if more than two cases are pending.
7. The Chief Justice shall oversee all trials except in the case of clause 3.1, in this case the Court may nominate any other justice not indicted or involved to lead the trial. Each trial shall consist of three stages: opening statements, witness testimony and/or the presentation of evidence, and closing arguments. The trial must be accessible for viewership by all citizens.
            7.1. Opening statements shall consist of statements by both the plaintiff and the defendant presenting their respective arguments and an overview, from their perspectives, of the case at hand.
            7.2. Witness testimony shall consist of bringing in outside individuals with firsthand knowledge of the alleged wrongdoing or lack thereof to testify. The presentation of evidence shall consist of the presentation of evidence to justify or refute the case at hand. Both the plaintiff and the defendant may choose to bring people or evidence forth for this stage.
            7.3. Closing arguments shall consist of arguments by both the plaintiff and the defendant to reiterate their arguments. This may include refuting the testimony of witnesses or evidence from the previous stage. The defendant shall be entitled to deliver the last closing argument. Once closing arguments have concluded, the case shall move to the jury for deliberation.
8. The Jury shall have 3 days to determine, with a simple majority, whether the defendant is guilty or innocent. If they are considering voting guilty, a jury member must ensure that they have no reasonable doubt about that guilt before voting. Alongside their vote, they must provide fair reasoning for their decision.
9. The Justices collectively shall hold the responsibility of handing out a punishment to a defendant if they are found guilty or plead no contest.
            9.1. Unanimous consensus among the justices (not including a recused justice, if there is one) shall be required to select a punishment for the guilty party. The Chief Justice must ensure consensus is reached on an appropriate punishment within 3 days of the guilty verdict. If a unanimous consensus cannot be reached after 3 days, a majority in favor shall suffice.
            9.2. The punishment must be fair and appropriate for the crime committed, as outlined in Article J.
10. Any person convicted of a crime may petition the Court for a new trial based on new evidence.
            10.1. On appeal, the Founder will appoint a special team of 3 justices to oversee the trial. This special team shall operate under the normal rules for a trial.
            10.2. No jury member who served in the original trial shall be allowed to participate in a new trial.
            11. The Justices shall hold the sole authority to judge the legality of all House Laws (excluding Constitutional amendments) and Territorial Laws. They shall provide a public statement on the legality of each of these laws within a week of their passage. They shall also hold the authority to judge the legality of executive and treaty law, though they are not required to provide statements on their legality.
            11.1. All three Justices must present their individual verdict in a public statement.
            11.2. A simple majority among the justices shall be required to find a law unconstitutional.
            11.3. If they judge a law to be unconstitutional, they must suspend it, in its entirety, providing a comprehensive legal argument to explain the reasons for its unconstitutionality.
12. The Prime Minister may issue a pardon to anyone convicted of a crime, effectively canceling that person's sentence, provided that the person is not themselves, a close friend of theirs, or an associate in government. They may only issue a pardon once per term.

New Article; Article F: The Court

1. The Court shall consist of three or five justices.
2. At the beginning of each elected term, the Justices shall elect from among themselves a Chief Justice, who shall be responsible for ensuring that all responsibilities of the Court are upheld.
3. Any citizen may bring a case before the Court. The Justices collectively shall hold the responsibility of deciding whether or not to hear the case. They may only deny a case if it accuses the defendant of an action which is not illegal under any law or statute which applies to them in the Union or which has been found legal by precedent of another case that, except for those involved, was identical.
            3.1. If a case brought to the Court indicts a justice, that justice must recuse themselves from involvement in all stages of that case. The Founder must appoint a special justice to temporarily fulfill their role for that case.
4. If the case shall be heard, the defendant is required to enter a plea of guilt, innocence, or no contest within a week of the case's acceptance.
            4.1. A plea of guilt will skip a trial and move directly to sentencing.
            4.2. A plea of innocence shall move forward with a trial.
            4.3. A plea of no contest means that you do not admit guilt or innocence. The case will move before the justices for sentencing.
5. Each case in which a plea of not guilty was entered into the record shall be heard by a jury of 3 citizens selected at random by the Justices. The following are prohibited from serving on a jury: the defendant, the plaintiff, or any citizen currently on trial or that has charges pending. any close personal friends, or any citizen who has served on a jury in the past 3 months.
6. A maximum of two three court cases may be heard at one time, based upon the seriousness of the accusation(s). A queue shall be created if more than two three cases are pending.
            6.1. If there are more than the minimum three Justices available, then the limit defined in clause 6 will increase by one for every additional Justice over the minimum three Justices, up to a maximum of five court cases being heard at one time.
7. The Chief Justice shall oversee all trials except in the case of clause 3.1, in this case the Court may nominate any other justice not indicted or involved to lead the trial. Each trial shall consist of three stages: opening statements, witness testimony and/or the presentation of evidence, and closing arguments. The trial must be accessible for viewership by all citizens.
            7.1. Opening statements shall consist of statements by both the plaintiff and the defendant presenting their respective arguments and an overview, from their perspectives, of the case at hand.
            7.2. Witness testimony shall consist of bringing in outside individuals with firsthand knowledge of the alleged wrongdoing or lack thereof to testify. The presentation of evidence shall consist of the presentation of evidence to justify or refute the case at hand. Both the plaintiff and the defendant may choose to bring people or evidence forth for this stage.
            7.3. Closing arguments shall consist of arguments by both the plaintiff and the defendant to reiterate their arguments. This may include refuting the testimony of witnesses or evidence from the previous stage. The defendant shall be entitled to deliver the last closing argument. Once closing arguments have concluded, the case shall move to the jury for deliberation.
8. The Jury shall have 3 days or until all Jury members have voted, to determine with a simple majority, whether the defendant is guilty or innocent with a simple majority. If they are considering voting guilty, a jury member must ensure that they have no reasonable doubt about that guilt before voting. Alongside their vote, they must provide fair reasoning for their decision.
9. The Justices collectively shall hold the responsibility of handing out a punishment to a defendant if they are found guilty or plead no contest.
            9.1. Unanimous consensus among the justices (not including a recused justice, if there is one) shall be required to select a punishment for the guilty party. The Chief Justice must ensure consensus is reached on an appropriate punishment within 3 days or until a unanimous consensus is reached of the guilty verdict. If a unanimous consensus cannot be reached after 3 days, a majority in favor shall suffice.
            9.2. The punishment must be fair and appropriate for the crime committed, as outlined in Article J.
10. Any person convicted of a crime may petition the Court for a new trial based on new evidence.
            10.1. On appeal, the Founder will appoint a special team of 3 justices to oversee the trial. This special team shall operate under the normal rules for a trial.
            10.2. No jury member who served in the original trial shall be allowed to participate in a new trial.
            11. The Justices shall hold the sole authority to judge the legality of all House Laws (excluding Constitutional amendments) and Territorial Laws. They shall provide a public statement on the legality of each of these laws within a week of their passage. They shall also hold the authority to judge the legality of executive and treaty law, though they are not required to provide statements on their legality.
            11.1. All three Justices must present their individual verdict in a public statement.
            11.2. A simple majority among the justices shall be required to find a law unconstitutional.
            11.3. If they judge a law to be unconstitutional, they must suspend it, in its entirety, providing a comprehensive legal argument to explain the reasons for its unconstitutionality.
12. The Prime Minister may issue a pardon to anyone convicted of a crime, effectively canceling that person's sentence, provided that the person is not themselves, a close friend of theirs, or an associate in government. They may only issue a pardon once per term.
12. The Prime Minister may issue a partial or absolute pardon to anyone convicted of a crime, provided that the person is not themselves or someone currently serving a sentence for committing Treason or Espionage. They may only issue up to two pardons per term.
            12.1. Citizens currently serving a punishment for committing Conspiracy, Malfeasance, or Voting Fraud may only receive a partial pardon, which can effectively cancel half of their remaining sentence.
            12.2. Citizens currently serving a punishment for committing any crime except Conspiracy, Malfeasance, Voting Fraud, Treason, or Espionage may receive either a partial pardon or an absolute pardon, which effectively cancels that person's sentence.
            12.3. Pardoned Citizens may not receive any form of pardon within four months of their previous pardon.
            12.4. Citizens cannot be pardoned before a conviction or if they are on trial.


Existing Article; Article I: Illegal Activities

1. Treason
    1.1. Attempting to or successfully undermining the legitimate government of the Union or its allies.
    1.2. Attempting to or successfully harming the people of the Union or the people of the Union's allies.
    1.3. Attempting to or successfully raiding or illegally occupying a territory of the Union of Force or its allies.
2. Espionage
    2.1. Attempting to or successfully accessing sensitive information without prior approval from the Founder or Prime Minister.
    2.2. Attempting to or successfully sharing sensitive information without prior approval from the Founder or Prime Minister.
3. Conspiracy
    3.1. Collaborating with one or more other citizens to commit any of the activities in this Article.
    3.2. Collaborating with one or more foreign nationals to commit any of the activities in this Article.
    3.3. Collaborating with a mix of citizens and foreign nationals to commit any of the activities in this Article.
4. Voting Fraud
    4.1. Attempting to or successfully undermining the validity of an election through the creation of multiple accounts.
    4.2. Attempting to or successfully undermining the validity of an election, referendum, or vote of any other kind by bringing in nations to vote for one or more specific candidates or ideas.
    4.3. Attempting to or successfully undermining the validity of an election by means of something other than that mentioned in I.4.1 and I.4.2.
5. Perjury
    5.1. Lying or willfully deceiving a member of the Court or Jury during a trial or through the providing of fake or manipulated evidence.
6. Nonfeasance and Malfeasance
            6.1. Nonfeasance shall be defined as a failure to perform one's responsibilities in any government office.
            6.2. Malfeasance shall be defined as violating the Constitution or any other binding law in a manner other than specified in the preceding clauses.

New Article; Article I: Illegal Activities
1. Treason
    1.1. Attempting to or successfully undermining the legitimate government of the Union or its allies.
    1.2. Attempting to or successfully harming the people of the Union or the people of the Union's allies.
    1.3. Attempting to or successfully raiding or illegally occupying a territory of the Union of Force or its allies.
2. Espionage
            2.1. Attempting to or successfully accessing sensitive information without prior approval from the Founder or Prime Minister.
            2.2. Attempting to or successfully sharing sensitive information without prior approval from the Founder or Prime Minister.
            2.3. Attempting to or successfully plagiarizing any official government documents or procedures in part or in full without approval from the Founder or Prime Minister.
3. Conspiracy
    3.1. Collaborating with one or more other citizens to commit any of the activities in this Article.
    3.2. Collaborating with one or more foreign nationals to commit any of the activities in this Article.
    3.3. Collaborating with a mix of citizens and foreign nationals to commit any of the activities in this Article.
4. Voting Fraud
    4.1. Attempting to or successfully undermining the validity of an election through the creation of multiple accounts.
    4.2. Attempting to or successfully undermining the validity of an election, referendum, or vote of any other kind by bringing in nations to vote for one or more specific candidates or ideas.
    4.3. Attempting to or successfully undermining the validity of an election by means of something other than that mentioned in I.4.1 and I.4.2.
5. Perjury
    5.1. Lying or willfully deceiving a member of the Court or Jury during a trial or through the providing of fake or manipulated evidence.
this is what it says
6. Nonfeasance and Malfeasance
            6.1. Nonfeasance shall be defined as a failure to perform one's responsibilities in any government office.
            6.2. Malfeasance shall be defined as violating the Constitution or any other binding law in a manner other than specified in the preceding clauses.
7. Contempt of Court
            7.1. Contempt of Court shall be defined as purposefully offending, disobeying, disrespecting, or insulting a court of law and/or its Justices in their presence.
            7.2. Purposefully disruptive behavior during a trial shall also be considered Contempt of Court.


Existing Article; Article J: Punishments

1. The crimes of treason and espionage may be punished with:
            1.1. Removal of citizenship
            1.2. Temporary removal of the ability to vote; for a maximum of 2 years.
            1.3. Temporary removal of the right to hold or run for public office; for a maximum of 2 years.
2. The crimes of voting fraud and malfeasance may be punished with:
            2.1. Temporary removal of the ability to vote; for a maximum of 1 year.
            2.2. Temporary removal of the right to hold or run for public office; for a maximum of 2 years.
3. The crime of nonfeasance may be punished with:
            3.1. Temporary removal of the right to hold or run for public office; for a maximum of 6 months.
4. The crimes of perjury and conspiracy to commit perjury may be punished with:
            4.1. Temporary removal of the ability to participate as a witness or provider of evidence in any trial; for a maximum of 1 year.
            4.2. Temporary removal of the ability to vote; for a maximum of 6 months.
5. The crime of conspiracy to commit treason or espionage may be punished with:
            5.1. Removal of citizenship
            5.2. Temporary removal of the ability to vote; for a maximum of 1 year.
            5.3. Temporary removal of the right to hold or run for public office; for a maximum of 1 year.
6. The crime of conspiracy to commit voting fraud or malfeasance may be punished with:
            6.1. Temporary removal of the ability to vote; for a maximum of 6 months.
            6.2. Temporary removal of the right to hold or run for public office; for a maximum of 1 year.
7. The crime of conspiracy to commit nonfeasance may be punished with:
            7.1. Temporary removal of the right to hold or run for public office; for a maximum of 3 months.

New Article; Article J: Punishments
1. The crimes of treason and espionage may be punished with:
            1.1. Removal of citizenship
            1.2. Temporary removal of the ability to vote; for a maximum of 2 years.
            1.3. Temporary removal of the right to hold or run for public office; for a maximum of 2 years.
2. The crimes of voting fraud and malfeasance may be punished with:
            2.1. Temporary removal of the ability to vote; for a maximum of 1 year.
            2.2. Temporary removal of the right to hold or run for public office; for a maximum of 2 years.
3. The crime of nonfeasance may be punished with:
            3.1. Temporary removal of the right to hold or run for public office; for a maximum of 6 months.
4. The crimes of perjury and conspiracy to commit perjury may be punished with:
            4.1. Temporary removal of the ability to participate as a witness or provider of evidence in any trial; for a maximum of 1 year.
            4.2. Temporary removal of the ability to vote; for a maximum of 6 months.
5. The crime of conspiracy to commit treason or espionage may be punished with:
            5.1. Removal of citizenship
            5.2. Temporary removal of the ability to vote; for a maximum of 1 year.
            5.3. Temporary removal of the right to hold or run for public office; for a maximum of 1 year.
6. The crime of conspiracy to commit voting fraud or malfeasance may be punished with:
            6.1. Temporary removal of the ability to vote; for a maximum of 6 months.
            6.2. Temporary removal of the right to hold or run for public office; for a maximum of 1 year.
7. The crime of conspiracy to commit nonfeasance may be punished with:
            7.1. Temporary removal of the right to hold or run for public office; for a maximum of 3 months.
8. The crimes of contempt of court and conspiracy to commit contempt of court may be punished with:
            8.1. Temporary removal of the ability to vote; for a maximum of 2 months.




Renegalle

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Reply #1 on: November 25, 2020, 05:17:59 pm


Reasoning:
2.3. Attempting to or successfully plagiarizing any official government documents or procedures in part or in full without approval from the Founder or Prime Minister.
This added section puts in jeopardy the rights citizens currently hold by preventing them from, in essence, using any government document freely and potentially risking wide-ranging accusations of plagiarism for political gain where they are not legitimately warranted, since this section does not actually define what is considered plagiarism, what constitutes a government document, and more.