Liberalian Trial Bill
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The Liberalian Trial Bill is a Liberalian Law.
[edit] The Bill
"The Liberalian Trial Bill, 2006 Introduction The purpose of the Liberalia Justice Bill 2006 is to provide our rapidly growing region with a justice system that works for our region. The bill is supposed to be written in such a way as that every Liberalian citizen gets a fair trial.
Section One: Conflict of Interest If any Guardian, whether elected or permanent, has a conflict of interest in any case, the Guardian in question should resign from the case. A conflict of interest occurs where the Guardian has a biased opinion of anybody heavily involved in the trial. This can be a Real-Life relationship or a serious dislike for the accused or the prosecutor. A conflict of interest is in this bill, defined as: A situation whereas a judge (i.e. Guardian) involved in a trial has a preformed and unchangeable opinion of the case, it’s merits or the persons involved in a case.
Section Two: Preliminary Hearing. The purpose of a Preliminary Hearing is to judge whether or not there is sufficient evidence to bring a charge to trial. Preliminary Hearing’s should not/cannot be used to throw a case out of court if there is enough evidence for a trial to be based on. The Guardian’s of Liberalia should conduct preliminary hearings. Preliminary Hearings should be conducted in the Preliminary Court of Liberalia. All members of Liberalia have an automatic right to view the proceedings of a Preliminary Hearing. The only people who have a right to contribute, however, are the Guardians judging, the Prosecutor(s) and the Defendant. If any of these parties request that a member make a statement or contribute in any way to the trial, then somebody other than the above parties may post. This must be pre-approved by a majority of the Guardians judging. If the Guardian’s themselves request for somebody other to post, then this allowable without clearance from any other body. A majority of the Guardians are not required to approve in this case, only two. Judging Guardian’s should be given a separate place to communicate and decide on verdict of a Preliminary Hearing. Guardians who have resigned the case should not have access to the forum. A discussion and vote should take place among the Guardians. A simple majority is needed to find a verdict. If the verdict of a Preliminary Hearing finds that there is enough evidence for a case to go to trial, then a trial should begin in the High Court of Liberalia within a week of the Preliminary Hearing unless the accused, the prosecutor or the Guardian’s is/are unable to attend in which case the trial should begin as soon as possible. If the verdict finds that there is not sufficient evidence to bring a case to trial, then no trial can go ahead.
Section Three: Suspension from Position. Should a Preliminary Hearing find that there is sufficient evidence for a trial, then the Guardians must judge as to whether or not a member can hold onto any position held until such a time as they are proven innocent or guilty. This means that the Guardian’s must judge whether or not it is suitable for the accused to hold onto any position of power while being accused of a crime. This vote should be done in a private forum that only judging Guardian’s have access to. Results should be announced through the High Court. A simple majority is needed for this vote.
Section Four: Trial Section One also applies to the main trial of an accused citizen. If a Guardian resigned from a Preliminary Hearing, they cannot judge the main trial of the accused. All members of Liberalia have an automatic right to view the proceedings of a trial. Contribution rules from Section Two also apply here. Trials should be judged by the Guardian’s alone and should be conducted in the High Court. Only judging Guardians, the accused and the prosecutor may freely post in the trial. If any party wishes to bring in an external party to post, they must approve this with the Guardians. The Guardians are not required to clear this with anyone. The structure of a trial is as follows and should be followed as much as possible in a trial. Opening of Trial: Guardian’s introduce themselves and state the accused and the crimes it is claimed the accused committed. Introduction from the Prosecutor: An opening statement from the prosecutor. Cannot knowingly make false claims or statements Introduction from the Accused: An opening statement from the accused. Swearing of Oaths: The Guardian’s should each post the following oath: “On the flag of Liberalia and on the honour of my position, I [member name], do solemnly swear to judge this case to the best of my ability.” The Prosecutor should post the following oath: “I, [member name], swear on the flag of Liberalia and the honour of my position that I will faithfully carry out my duty in this trial in an honest way. I will not misguide the Guardian’s.” The Accused should swear the following oath: “I, [member name], swear to tell the truth, the whole truth and nothing but the truth in this trial. Presentation of Evidence by the Prosecutor: Here, the prosecution should post evidence in relation to the case. Reply to the Presentation of Evidence by the Prosecutor: Here, the Accused should post a reply to the evidence presented by the Prosecution. Guardian’s Questions: Here, each Guardian should post any questions they have for either party. Prosecution’s Questions: Here, the prosecution should post any questions for the Accused. Accused Response: Here the Accused should post a response to each question presented by the prosecution. The above two stages may be repeated up to five times. Prosecution Closing Statement: Here, the Prosecution should post a closing statement. Accused Closing Statement: Here, the Accused should post a closing statement. Guardian’s Closing Statements: Here, the Guardian’s may each post a closing statement if they so wish. Deliberations: The Guardian’s should then be given a private forum to deliberate whether or not the Accused is innocent and, if not innocent, the sentence to be imposed. Verdict: The most senior Guardian should post the verdict in a separate thread in the High Court.
Section Five: Summary Section One: Conflict of Interest. Guardian’s with a Conflict of Interest must resign a case. Section Two: Preliminary Hearing Anyone can view Only invited can contribute. Must be approved by the Guardians. Simple majority of Guardians rule Section Three: Suspension from Position Guardians vote if the accused should be suspended until verdict if necessary. Section Four: Trial Same rules as Section Two’s summary Procedure of trial."
