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Justice had only begun

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Adin Blackwind
Sage
Sage


Joined: 11 Jan 2004
Posts: 683

PostPosted: Wed Mar 30, 2005 12:08 pm Post subject: Justice had only begun Reply with quote

Anger was all Kotare could show towards those who would make a mockery of the trial in which he tried to keep as fair as possible. But cooler heads did infact prevail. Many stormed out of the court room unhappy with the verdict. Some even mocked Kotare's form of justice.

Then thats when it hit him. "They think Yew is mine?" He just slumped in his throne after finally being allowed to rest. Lost in thought, yet his teeth clenched to show his disaproval of various individuals. The only one who he still had respect for was Isk, who remained civil, even as people spat out at him and mocked him. Some even went as far as to threaten him. Kotare just sat at his throne griping the arms of the throne so tight, that his nails dug into the wood. His wife, Lilyth, thought it best to let him go cool off before comming to speak with him.

The Regent dares mock this system of justice! he shouted, as Sir Sid stood silently before his lord. His form was kneeling before Kotare as a symbol of respect for his lord. Kotare's gaze then lightened and then he asked Sir Sid to stand. As Sid stood to his feet, Kotare began to speak in a far more calmer tone.

"Our Magistrate is still missing, As is the key witness Archmage. I charge you with finding them. I want to know why they were not at the trial. I will reward anyone 20,000 gold coins that gives us information that results in finding both individuals. Post this on all banks, threaten the local brigands, Do what ever you must to ensure their safe return, I don't care. Justice does not end with Isk's trial. It ends when the person or persons behind their kidnapings are in prison."

Sir Sid simply Lowered his head in acknowledgement and said "Yes my Duke, It shall be done as you command." He quickly turned and began walking out of the throne room shouting "Kights! Soldiers! Squires! prepare to ride!"

With the magistrate still missing, and the duchess calling for reform to the justice system, Kotare began drafting up the articles of justice.

Articles of Justice (Rough Draft)

Article 1 (Rights of Government)

Section A. The Commonwealth has the right to amend Law. The Council holds the right to make law by constitutional standards. The laws may only be edited, removed, amended by act of council's majority vote. If council's vote ends in approval, the law in question becomes enforced the very second it is approved.

Section B. The Commonwealth has the right to enforce its laws upon any who fall under jurisdiction of the Commonwealth. Jurisdiction is noted in the following locations: The City of Yew (Both facets), The Dungeon Shame (Trammel only), Alliance member lands and holdings as well as where other governments allow jurisdiction. If a member of the commonwealth lives in an area controlled by another government, the jurisdiction of the Commonwealth is allowed only in the premises and up to 5 paces in front of the holding, one pace on each side and rear of the holding.

Section C. The Commonwealth may not be sued by Criminal cases that have led to an acquittal. Civil cases may sue only if the government has infringed on rights according to the Yew Commonwealth Constitution.

Article 2 (Rights of the accused)

Section A. The Accused has the right to remain silent. Anything said will be used in the Yew court of law. The accused may not be forced to incriminate themselves. The Accused must be read their rights while being taken into custody by the arresting officer.

Section B. The Accused has the right to food and shelter as well as one defense retainer, one will be appointed by the Yew Court if they do not have their own counsel, in cases where the accused wishes to represent themselves the Court of Yew will appoint counsel for reference purposes.

Section C. The accused may choose the type of trial either by Tribunal (Three judges; See below) or, Trial by magistrate's appointed judge. Judges may also be appointed by the Noble or Chairman in the event the magistrate is unable to perform their duty. Trial by Jury is also an option. Up to 5 jurors will be selected, Two from the Noble, Two from the magistrate and one from the Chairman. The Prosecution will then be allowed to select one juror to be removed. Then the defense will be allowed one juror to be removed. The end result will be three jurors remaining. Each juror will be handed a torch and a sword. During the trial, they will hold one or the other, never both. The torch represents innocence while the sword represents guilt. Once closing arguments have been made, the majority rule of the jury determines the outcome of the trial.

Section D. The accused may not be harmed and has the right to protection from mob justice. Trial or Tribunal sentencing is excluded from this section.

Article 3 (Arraignment procedure)

Section A. Arraignment may only take place if the accused or de fence council, Prosecution and Magistrate are all present.

Section B. Arraignment begins with Prosecution listing charges to the accused and giving instances where each charge derives (example: The accused is charged with attempted murder for the poisoning of victim's food). The Magistrate will ask the accused how they plea to each charge listed. The Defendant or the defense council will reply with the following: Guilty, Not Guilty or no contest.

Guilty - admits guilt and is prepared to receive sentencing.

Not Guilty - Claims to be innocent of the charge and is prepared to prove it in court.

No Contest - Feels that there is insufficient evidence or witness testimony to prove guilt.

After the charges and pleas are made. If a plea of Not Guilty or No Contest is entered, a Trial or tribunal date shall be set. The magistrate then may set bail and the court room is adjourned.

Section C. Bail may not be set before the arraignment. Bail may be set to any value and is refunded only when the accused returns to the determined court date.

Article 4 (Trial Proceedings)

Section A. (Trial by Jury) Proceedings may only begin when the following are present: Judge, Prosecution, Defendant and defense council. The selected jury (which remains unknown until trial date) then enters. Prosecution will select one Juror to be removed. Then the Defense will select one to be removed as well leaving three jurors. The head bailiff will then issue the remaining jurors one sword and one torch.

The prosecution will then start with opening arguments, followed by the defense. Once opening arguments are made. The prosecution will present their first witness and question them. when done, the defense will cross examine. This process is repeated until prosecution is done calling witnesses. No more witnesses may be called up by the prosecution.

The defense will then call up their witnesses and the procedure above is followed again in the order of Defense examines witness first, then prosecution. When the last witness is dismissed, closing arguments are made starting with the prosecution. When closing arguments are done, the judge will ask the jury their findings per charge. once the jury is finished, they will be dismissed. The judge will then pass sentencing or acquittal.

Section B. (Trial by Judge) The same proceedings take place as above except what is printed in bold/Italics (Prosecution is lead by the arresting officer)

Section C. (Trial by Tribunal) Trial is overseen by three judges. Prosecution is not necessary for this form of trial. Any of the three judges may begin the proceedings by listing the charges the defendant is accused of. (note, the judges may include the arresting officer but no witnesses)

Judges may then call up witnesses listed in the arrest report. Each judge will be allowed to question the witness either before or after the defense has questioned the witness. this process will continue until the last witness is excused. The defense will then state their closing arguments before the panel. The Judges will gather in the judges chambers and discuss the charges. they will pass judgement in private per charge.

The judges will then return to the courtroom and then be allowed a brief statement before sentencing is passed. Each judge will begin to reread the charges and then announce the panels judgement per charge.

Article 5 (Arrest Procedure)

Section A. The Arresting officer must immediately inform the accused their rights by either verbally stating them out loud or producing the rights of the accused before interrogation is to start. The arresting officer must have grounds for an arrest and state the charge to the accused during the arrest.

Section B. The Arresting officer must gather as much information as possible from witnesses, victims, the accused, (should they wish to speak) and include all information in an arrest report. This report must be publicly displayed within three days of the arrest. This report must include the following: Date of the Arrest, name of the accused, name of victim(s), Witnesses, Charges along with their instances and counts (Example: Murder of the first degree, 2 counts, Stabbing to death the victim after ambushing them and then casting flame strike on the victim's companion; Murder of the Second Degree, 1 count, Casting energy bolt on the watchman who was coming to the aid of the victim who fell from the blast but, died from hitting his head on a rock as a result.) Also any statements made by witnesses and/or the accused must be dated like the arrest report and is admissible as evidence in the court. They must be produced with evidence to magistrate where it is catalogued. All these statements must be taken as quickly as possible after the occurrence.

Section C. The Arresting officer must ensure that the accused makes it to their destination (prison under officer's jurisdiction). It is here that the accused must turn over any items deemed to be contraband for a prison stay. (weapons, armor, reagents, etc) These items must be cataloged and remain in a safe storage area.

Article 6 (Rights of the Enforcement Officer)

Section A. Officers who enforce the law in Yew are empowered by the Commonwealth Noble and Council. These officers are limited to the following: Sheriff, Constable, Knights that are knighted in Commonwealth jurisdiction or hear by recognized by the Commonwealth, Nobles of stature inside the commonwealth alliance, Bailiff or Deputized citizens.

Section B. An Enforcer bears the right to use necessary and lethal force if they should feel their lives or the lives they have sworn to protect are in danger.

Section C. Enforcers have the right to confiscate belongings of the accused and mark them as evidence, which will be turned over to the Magistrate or judge presiding over any criminal case. Each item will be cataloged and a copy of this catalog will be presented to both the defense and the prosecution.

Section D. Enforcement officers have the right to bear arms in public places under Yew Commonwealth jurisdiction as well as have the power to deputize citizens while under that jurisdiction.

Kotare puts the ink tiped feather down and then stands and walked near the window. "They mocked Justice. Justice has only begun."
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