Trial By Peers

 

 

All persons accused of crimes in The Republic shall have a right to a trial by their peers within a reasonable amount of time after their arrest. Until such trial occurs they shall be held in a place of detention to insure the public safety. If a person is acquitted of a crime they shall be paid for the time that they were incarcerated according to the wages that they normally receive. If it is determined that they were deliberately falsely accused, those making the false accusations shall be responsible for their reimbursement.

 

 

All trials shall be conducted in this manner. The local prosecutor shall go to a local Law Speaker and ask him or her to summon ten judges from the community to hear the charges against this individual. That Law Speaker shall proclaim that judges are needed and individuals should appear at the place of judgment to be seated as judges. Ten judges shall be seated for each trial, five males and five females. It should be attempted to get a diverse segment of the population, so that no one aspect of society would be represented. The judges shall hear the evidence against the indivual being prosecuted, and decide rather or not that person is guilty or innocent. No person sitting in judgment shall speak of the case they sit upon after they have finished their duties. They shall not appear in public places discussing the evidence they heard or, giving an opinion on their judgment. What they heard in the proceeding of the case is private. They may not profit from sitting in judgment by giving interviews or writing books. Their purpose is to hear the evidence in a particular case and render judgment on behalf of society. And for this they should not receive personal enrichment. Those sitting in judgment, however, shall be paid for the time that they were taken away from their normal lives to render this service to the public. And if they should have to be held in privacy all their expenses shall be paid by the community. Any person sitting in judgment that discusses the evidence that they are hearing with any other person outside of the court may be prosecuted for dereliction of their duty as a judge.

 

 

It is not unlawful for individuals to travel from city to city and serve as impartial judges from outside of that community. When such judges are required they shall be paid for their services and all traveling expenses and their shelter provided.

 

 

No members of the family of any victim of a person that is being judged shall serve as a judge or, any employee of a family member of a person being judged. No person that has a preknowledge of the case being judged shall serve as a judge. Impartiality must be assured. Anyone who shows any sign that they have already judged an individual guilty or innocent shall not serve as a judge. Nor may the relative of an accused serve as a judge against him or her, or, any employee of a relative.

 

 

In the event that a community does not have a designated Law Speaker or, a prosecutor, the head of the community may appoint a local religious leader as a Law Speaker to hear a case and appoint a temporary prosecutor to carry out the case, as long as impartiality can be assured. But in all cases any person sitting as a law speaker in a trial must see to it that the defendant's rights are fully protected, and that the case is properly and legally presented. This is paramount to the system of justice.

 

It shall be unlawful for any individual to harass witnesses taking part in a criminal proceeding. Any persons doing so shall be prosecuted under the statutes pertaining to tampering with evidence or individuals, and if convicted sentenced according to the punishments laid out in those statutes.

 

Any persons committing perjury during a legal proceeding shall also be punished according to the principles laid out in these statutes, in that if convicted they shall receive the same sentence that the person they were giving false testimony against would have received.

 

 

In all trials where a person's life may be at stake they may demand that all witnesses be given a test of truth to verify that the testimony that they are giving is indeed, truthful. If any person should refuse to submit to a test of truth in any trial that they are asked to, their testimony shall be considered invalid and shall not be presented to the judges.

 

 

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