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PostPosted: September 17th, 2016, 1:20 am 
King

Joined: February 24th, 2016, 8:29 pm
Posts: 563
For future considerations (an ongoing reflection wouldn't hurt), but for a while from now (not to be applied to existing pending trials):

1) Pleas
We have no precedent for pleas, so it caused a stir when Minerva requested to go straight to sentencing. We neither deny nor accept early pleas in our system because I think we just didn't contemplate it. Pleas introduce adjudication celerity, which is why they are used in every judicial system everywhere. In fact, the vast majority of criminal cases do NOT go to trial, but go straight to sentencing. This is lauded for it saves time, energy and more.

Sure, sentencing should still be done in person, for the pageantry and ceremony is important. But perhaps a few generations from now, a few lines in the Carta about plea deals wouldn't hurt. Not everyone who makes mistakes and messes up wants to deny it, while our entire judicial precedings section focuses on defence/prosecution dialogue. Sentencing also does not require the energy of putting together a jury, for its entirely up to the judge. But that doesn't mean no audiences couldn't attend sentencing hearings in the same way normal courts work? Just some ideas, maybe they are not needed as maybe pleas of guilt will be rare.

Someone told me today that guilty pleas might offend some because it takes away the joy of a defendant vainly declaring their innocence against well investigated facts. As soon as I heard that, it made perfect sense why we shouldn't have early pleas. But again, not every felon will want to plead innocent.

Minerva meant zero disrespect by pleading guilty early. It's just Minerva is inspired by the myriad of other legal models from our history (lore off: I didnt mean to offend, because early pleas are ingrained parts of all legal systems IRL, so I didnt think it would bother anyone.) This was naive of me. Sorry all. To rectify this, I'm suggesting the community clarify the legality of early pleas. If they are explicitly illegal (which isnt the case in our current documents), should we say as such? Future felons might get confused too, like I did.

2) statute of limitations
It was not me who initially suggested it, but ya, every legal system should have a statute of limitations. It should be very flexible, but still. It helps ensure defendants get access to their Carta right to a speedy trial, because prosecutors etc cannot wait it out too long. This one is simple stuff, and I suspect less controversial?

What does the community think? These ideas have NO bearing on the coming trial, and should be thought about for a long while before bills get drafted (if they even ever will be drafted). Also, my good and dear friends, policy suggestions are just that, suggestions for discussion, so I hope this thread is received as intended, and not stepping on toes. If folks disagree and these ideas go no where, cool, that's what our democracy is all about!

Or perhaps we should let this thread go unanswered and not responded to. In fact, I will push the ideas no further than this. If others agree with the suggestions and want to carry it forward later, great! If not, consider all this just food for thought and nothing more.


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PostPosted: September 18th, 2016, 7:31 pm 
King

Joined: February 24th, 2016, 8:29 pm
Posts: 563
Follow up note on statutes of limitation. If some recalcitrant criminal leaves the community (cough, sounds familiar :X ) , obviously the statute of limitation 'counter' so to speak, needs to start upon their return to activity, otherwise would be assailants can just wait out their statute of limitations, which is bad news.

Just adding to the food for thought.


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PostPosted: September 18th, 2016, 7:44 pm 
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King

Joined: June 1st, 2015, 1:07 am
Posts: 163
In terms of laws for pleas, that would make sense in the future I would imagine. Given everyone's time is precious this could help speed things up, especially when it comes to a guilty plea. Then we can just do the sentencing in person.

When it comes to statute of limitation, I would have to think further. I have no comment as of now.

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King of Valtoros, Brother of Valyria


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