Post by Villa of Ormen on Dec 9, 2020 0:53:58 GMT
This thread is to open a discussion about Chief Justice elections.
Nothing has been set yet, but wanted to get people input on when they think we should have Chief Justice elections. Whether we should have them soon, or wait a month to grow the region more first.
We will need to elect an election commissioner first of course.
I have included the Judiciary branch details to lookover.
Section 1. Criminal acts in Blackstar shall include;
I. Making use of multiple nations to gain a political advantage.
II. Voting multiple times in any election or legislation vote.
III. Conspiring to or committing treason against Blackstar.
IV. Abuse of power, using one's position to manipulate, bribe, or force others to bend to your will.
V. Over throwing the legally elected government.
VI. Anything that is considered against the rules of NationStates itself.
VII. Framing individuals for crimes they didn't commit or conspiracies they aren't apart of, including creating false telegrams or evidence.
VIII. Expressing support for genocide, Hitler, fascism, or Nazism.
IX. Promoting for or the actions of a criminal organization.
X. Exposing a military or intelligence operation, giving away state secrets.
XI. Any act that violates the Constitution, regional law, or regional policy.
Section 2. Chief Justice
I. Chief Justice shall oversee the Judiciary branch and help interpret the Constitution.
II. Chief Justice will act as judge is all trials or may appoint a judge as needed. In the event the Chief Justice is accuser or accused for a trial, the Senate shall election a temporary judge to oversee the trial.
III. Chief Justice will serve as a regional officer of Blackstar with access to border control, communications, and poll powers.
IV. Chief Justice elections will occur every 6 months or as needed and be overseen by the election commissioner.
V. Chief Justice may create documents to outline how trials, and the Judiciary branch will operate, unless already outline in a regional law.
Section 3. Trials
I. As per Article I. Section 2. VII.; Any citizen or resident accused of a crime has the right to a fair trial in a timely manner and may choose a lawyer to represent them or may represent themselves.
II. Once an individual is a accused of committing a crime, it must be supported by one of the following to be brought to trial; the Founder, the President, the Head of Senate, or 3 members of the Senate.
III. The accuser, whether the region or individual, may choose a lawyer to serve as prosecutor for the trial.
IV. Collectively the Defense Attorney (representative of the accused) and prosecutor will select a jury of 5 people from among the active Senators.
V. Both the Defense Attorney and prosecutor must approve of each jury member. In the event they cannot agree the Chief Justice will choose the jury.
VI. Any citizen involved in the case as a judge, witness, accuser, or accused shall not serve on the jury.
VII. Trials shall take place in a timely manner in the location of the judge's choosing, be it on the regional message board, forum, or elsewhere as long as it's accessible to all involved.
VIII. As per Article III. Section 4. IX.; The Senate may declare a mistrial by 75% or greater majority vote of any trial in the event the Senate believes the Judge was biased, the punishment was too harsh, new evidence has come to light, or other extenuating circumstances.
Section 4. Trial Format
I. Trials shall begin with opening statements by the prosecution, followed by opening statements by the defense attorney.
II. After opening statements, evidence will be presented by both sides, each side will then be given a chance to dispute said evidence.
III. Each side will be given the chance to call witnesses, and each side will be given the chance to cross examine each witness.
IV. After the evidence is discussed and witnesses are heard, closing statements will be given by the prosecution, followed by the defense attorney.
V. Once the trial procedures are completed the jury will have a private discussion to talk over the case and review evidence and testimonials. The jury must vote with a 4 out of 5 majority the guilt or innocent of the accused individual.
VI. In the event the jury determines the accused is guilty, the Judge, Founder, and President shall collectively determine the punishment of the guilty. In the event the President and/or Founder is involved in the trial as accuser or accused they won't be apart of the determination of the punishment.
Nothing has been set yet, but wanted to get people input on when they think we should have Chief Justice elections. Whether we should have them soon, or wait a month to grow the region more first.
We will need to elect an election commissioner first of course.
I have included the Judiciary branch details to lookover.
Section 1. Criminal acts in Blackstar shall include;
I. Making use of multiple nations to gain a political advantage.
II. Voting multiple times in any election or legislation vote.
III. Conspiring to or committing treason against Blackstar.
IV. Abuse of power, using one's position to manipulate, bribe, or force others to bend to your will.
V. Over throwing the legally elected government.
VI. Anything that is considered against the rules of NationStates itself.
VII. Framing individuals for crimes they didn't commit or conspiracies they aren't apart of, including creating false telegrams or evidence.
VIII. Expressing support for genocide, Hitler, fascism, or Nazism.
IX. Promoting for or the actions of a criminal organization.
X. Exposing a military or intelligence operation, giving away state secrets.
XI. Any act that violates the Constitution, regional law, or regional policy.
Section 2. Chief Justice
I. Chief Justice shall oversee the Judiciary branch and help interpret the Constitution.
II. Chief Justice will act as judge is all trials or may appoint a judge as needed. In the event the Chief Justice is accuser or accused for a trial, the Senate shall election a temporary judge to oversee the trial.
III. Chief Justice will serve as a regional officer of Blackstar with access to border control, communications, and poll powers.
IV. Chief Justice elections will occur every 6 months or as needed and be overseen by the election commissioner.
V. Chief Justice may create documents to outline how trials, and the Judiciary branch will operate, unless already outline in a regional law.
Section 3. Trials
I. As per Article I. Section 2. VII.; Any citizen or resident accused of a crime has the right to a fair trial in a timely manner and may choose a lawyer to represent them or may represent themselves.
II. Once an individual is a accused of committing a crime, it must be supported by one of the following to be brought to trial; the Founder, the President, the Head of Senate, or 3 members of the Senate.
III. The accuser, whether the region or individual, may choose a lawyer to serve as prosecutor for the trial.
IV. Collectively the Defense Attorney (representative of the accused) and prosecutor will select a jury of 5 people from among the active Senators.
V. Both the Defense Attorney and prosecutor must approve of each jury member. In the event they cannot agree the Chief Justice will choose the jury.
VI. Any citizen involved in the case as a judge, witness, accuser, or accused shall not serve on the jury.
VII. Trials shall take place in a timely manner in the location of the judge's choosing, be it on the regional message board, forum, or elsewhere as long as it's accessible to all involved.
VIII. As per Article III. Section 4. IX.; The Senate may declare a mistrial by 75% or greater majority vote of any trial in the event the Senate believes the Judge was biased, the punishment was too harsh, new evidence has come to light, or other extenuating circumstances.
Section 4. Trial Format
I. Trials shall begin with opening statements by the prosecution, followed by opening statements by the defense attorney.
II. After opening statements, evidence will be presented by both sides, each side will then be given a chance to dispute said evidence.
III. Each side will be given the chance to call witnesses, and each side will be given the chance to cross examine each witness.
IV. After the evidence is discussed and witnesses are heard, closing statements will be given by the prosecution, followed by the defense attorney.
V. Once the trial procedures are completed the jury will have a private discussion to talk over the case and review evidence and testimonials. The jury must vote with a 4 out of 5 majority the guilt or innocent of the accused individual.
VI. In the event the jury determines the accused is guilty, the Judge, Founder, and President shall collectively determine the punishment of the guilty. In the event the President and/or Founder is involved in the trial as accuser or accused they won't be apart of the determination of the punishment.
