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=Criminal Trial Procedure=
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=The Trial Process=
  
The Trial takes place in the Court of Law subboard in the kingdom's Role-Play Board. Every trial concerning cities of the Kingdom will take place in this subboard.  The trial will be overseen by the city Magistrate and conducted by the Prosecution and the Defense.
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When a law is suspected of being broken in ME there are specific rules for opening and prosecuting that crime in any Kingdom’s Court of Law. The four people who are integral to this '''Trial Process''' are the '''Magistrate''', the '''Prosecutor''', the '''Judge''', and the '''Defendant'''. Additionally the Prosecutor may appoint an '''Assistant Prosecutor''' and/or the Defendant may appoint a '''Defense Attorney''' to represent them in this process.
  
 
==The Magistrate==
 
==The Magistrate==
  
The Magistrate is appointed by the Vassal from the citizenry, and is the president of the court of justice. Judgments from the Magistrate should always be impartial and given only after considering the edicts enacted by the Vassal and the body of evidence provided by both the Defense and Prosecution.
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The Vassal elects the '''Magistrate''' from among the citizens of the country; he/she is the President of the court of justice, and is responsible for delivering the final verdict of every trial. Verdicts given by the '''Magistrate''' should attempt to impartially weigh the Kingdom’s posted Laws against the body of evidence provided by both the '''Defense''' and '''Prosecution'''.
  
 
==The Prosecution==
 
==The Prosecution==
  
The Prosecution is led by the Captain of the Guard. Any person who a witness to or victim of criminal activity or unfair treatment may contact the Captain of the Guard to present all relevant facts. Once the Captain of the Guard has evaluated the facts, he/she can open a trial, which must be role-played in the appropriate forum. From the moment the Captain of the Guard decides that it is necessary to start a trial, he/she may use the Restrain act to prevent the accused person from leaving the city.
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The Captain of the Guard leads the Prosecution’s case and functions as the '''Prosecutor''', or he may appoint an '''Assistant Prosecutor''' to act in his place.
  
Once the trial has been started, it is the duty of the Captain of the Guard to act as the Prosecutor. The Captain of the Guard may designate a proxy to act as the Prosecutor. The role of the Prosecutor is to present evidence and witnesses (maximum of one) and make arguments against the accused.
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Any person who is a witness to a crime, a victim of criminal activity, or a victim of unfair treatment may contact the Captain of the Guard to present all relevant facts and evidence. The Captain of the Guard then decides whether the facts and/or evidence provided against a suspect constitute the opening of a '''Trial'''. If so the Captain of the Guard then opens that trial in the appropriate Kingdom [http://forum.medieval-europe.eu/index.php/board,334.0.html Court of Law] sub-forum. He would then notify both the '''Judge''' and the '''Magistrate''' via PM of the trial along with a URL link to the pertinent trial post.
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Once that '''Trial''' has been started, the Guard Captain may choose to perform a ''Restrain'' act upon the defendant in order to keep that defendant within the country for a period of up to 48 hours. He may also choose to perform a ''Confiscate the Market Goods'' act(s) upon the defendant if the specific broken law(s) in question hold that penalty.
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==The Judge==
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Upon receiving notification of an opened trial, a '''Judge''' of the Kingdom where the trial is taking place must use the in-game functions of the Kingdom’s Court House to alert the defendant of their court case. The '''Judge''' uses the Court building menu to create the ''Crime Procedure''. He will need a piece of paper and a wax seal in his inventory (?????? plz correct) to create this ''Crime Procedure''. In the form he needs to fill out:
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- The name of the '''Defendant'''
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- A summary of the crime he is accused of
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- The URL link to the '''Trial'''
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Upon the Magistrate's submission of the ''Crime Procedure'', the '''Defendant''' is notified of his opened '''Trial'''. Once submitted, the '''Judge''' can go back to the Court menu and view the ''Crime Procedure''. From that screen he can also send out the ''Arrest Warrant'', cancel the procedure, and he can even edit it if he does so prior to the defendant's arrest. For more information on the ''Crime Procedure'' read the associated [http://wiki.medieval-europe.eu/index.php/En_US_IGJustice#The_Crime_procedure Wiki article on the Crime Procedure].
  
 
==The Defense==
 
==The Defense==
  
The Accused can either choose to act as his/her own Defender or hire a lawyer to act in that role.  A lawyer is a player who has perfect knowledge of the laws of the both the Kingdom and of the city, and is able to interpret the those laws to find solutions and/or make deals with the aggrieved party regarding the damages. The role of the Defender is to present evidence and witnesses (maximum of one) and make arguments for the accused.
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The '''Defendant''' upon receiving notification of his trial may choose to defend himself on the forum, or he may appoint a '''Defense Attorney''' to act in his place. The role of the '''Defendant''' or '''Defense Attorney''' in the trial is to present facts or evidence which will refute the Prosecution’s case against them during the '''Trial'''.
  
 
==The Trial==
 
==The Trial==
  
A trial is started by the Captain of the Guard by opening of a thread in the appropriate subboard (Court of Law), whenever he/she thinks that the evidence for the accusation received is valid and sufficient.  
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[[File: Evidence Type 1|thumb|alt=text|'''Screenshot Evidence''':
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Screenshot evidence may be of an in-game function such as an Event List, a Character List, Inventory, but may not include personal in-game or external messages without the author's express written consent in the form of a '''Signed Affidavit'''. Screenshots of Public messages (viewable to all) are also admissible if accompanied by the appropriate url-link.]]
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[[File: Evidence Type 2|thumb|alt=text|'''Signed Affidavit''':
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A Signed Affidavit is a screenshot of an in-game document/scroll (or a presentation thereof) written by someone other than the defendant which is used as testimony, evidence, character reference, or consent for use of personal messages. It must be signed by the author.]]
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[[File: Evidence Tampering|thumb|alt=text|Admitting Screenshots or Signed Affidavits which are proven as untrue or shown to be doctored in any way is a serious crime which may then open the person(s) in question up to further prosecution and/or the case may be remitted to the Supreme Court of Europe on the charge of '''Willful Tampering of Evidence'''.]]
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The '''Trial''' must live as a Role-Play in the appropriate Kingdom [http://forum.medieval-europe.eu/index.php/board,334.0.html Court of Law] sub-forum. Every '''Trial''' concerning cities of each Kingdom will take place in this sub-forum.
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The Trial steps are as follows:
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'''Step 1: Opening remarks by the Prosecution:'''
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The '''Prosecution''' should open the trial with a presentation of the facts of the case, and a listing of what laws were broken by the '''Defendant'''. All evidence should be presented at this time and may take the form of a Screenshot or a Signed Affidavit only (see sidebar).
  
The trial steps are the following:  
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'''Step 2: Opening remarks by the Defense:'''
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The '''Defense''' should state their side of the case at this time and present any evidence which they have that refutes the facts or evidence which the '''Prosecution''' has presented. All evidence should be presented at this time and may take the form of a Screenshot or a Signed Affidavit only (see sidebar).
  
* Accusation and Opening Remarks by the Prosecutor
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'''Step 3: Closing remarks by the Prosecution:'''
* Opening Remarks by the Defender
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The '''Prosecution''' then may attempt to refute the presented facts/evidence of the '''Defense''' and may also ask up to 3 direct questions to the '''Defendant''' for which to answer. The '''Prosecution''' will then finish with their closing remarks.
* Presentation of evidence by the Prosecutor
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* Presentation of evidence by the Defender
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* Verdict by the Magistrate
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* Sentencing or Remuneration by the Magistrate
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Each step should be concluded within a day of the previous step.  
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'''Step 4: Closing remarks by the Defense:'''
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The '''Defense''' then may attempt to further refute the presented facts/evidence of the '''Prosecution''' and may answer any questions which the Prosecution has asked. The '''Defendant''' is not under any obligation to do so, however failure to answer questions could be interpreted by the '''Magistrate''' as an admission of guilt. The '''Defense''' will then finish with their closing remarks.
  
'''If the Prosecution or the Defense does not present their case within their allotted time for a step, the Magistrate has the power to proceed to the next step in the process.'''
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'''Step 5: Verdict by the Magistrate:'''
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The '''Magistrate''' then weighs the facts and evidence presented by both parties and renders the '''Verdict'''. The '''Verdict''' can either be '''Guilty''' or '''Not-Guilty'''.
  
==The Verdict==
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'''Step 6: Sentencing or Remuneration by the Magistrate:'''
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If the Magistrate delivers a '''Guilty Verdict''':
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Then he must notify the Judge of the Verdict and the terms of the penalty of the crime for which to proceed with the ''Arrest Warrant''.
  
If the Magistrate delivers a verdict of "guilty", the Captain of the Guard shall carry out the sentence by imposing a fine, confiscating market goods, and/or imprisoning the guilty party. If the Magistrate delivers a verdict of "innocent", the defendant shall immediately have any Restraint order lifted and be compensated through remuneration.
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If the Magistrate delivers a '''Not-Guilty Verdict''':
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Then he must notify the '''Judge''' of the Verdict, AND he must notify the '''Guard Captain''' to release and/or reverse any ''Restrain'' or ''Confiscate the Market Goods'' acts which have been performed on the '''Defendant'''.
  
==Imprisonment==
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''The Trial now is officially closed.''
  
The Magistrate may order to imprison a person only after he has sentenced that person to serve time in prison, and for only the amount of time specified by the sentence.
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Each step should be concluded within 24 hours of the previous step. '''NOTE: If the Prosecution or the Defense does not present their case within their allotted 24 hours for a given step, the Magistrate has the power to proceed to the next step in the process.'''
  
While serving time in prison a person cannot perform any action until the end of the imprisonment. However, health, glut and energy will not go down while in prison, so no actions are necessary to maintain these statistics.
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==Closing of the Trial and Crime Procedure==
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Once notified of the Trial’s end, the '''Judge''' then opens the ''Crime Procedure'' and in the case of the delivery of a '''Guilty Verdict''' he then issues an ''Arrest Warrant''. In the case of a '''Not-Guilty Verdict''' he simply closes the ''Crime Procedure''. Upon receiving an ''Arrest Warrant'' the Guard Captain can now perform an ''Arrest'' act upon the guilty '''Defendant'''. More information on the Arrest Process can be found in the associated [http://wiki.medieval-europe.eu/index.php/En_US_IGJustice#Arresting_a_criminal Wiki article on Arrests].

Revision as of 20:21, 3 April 2012

Contents

The Trial Process

When a law is suspected of being broken in ME there are specific rules for opening and prosecuting that crime in any Kingdom’s Court of Law. The four people who are integral to this Trial Process are the Magistrate, the Prosecutor, the Judge, and the Defendant. Additionally the Prosecutor may appoint an Assistant Prosecutor and/or the Defendant may appoint a Defense Attorney to represent them in this process.

The Magistrate

The Vassal elects the Magistrate from among the citizens of the country; he/she is the President of the court of justice, and is responsible for delivering the final verdict of every trial. Verdicts given by the Magistrate should attempt to impartially weigh the Kingdom’s posted Laws against the body of evidence provided by both the Defense and Prosecution.

The Prosecution

The Captain of the Guard leads the Prosecution’s case and functions as the Prosecutor, or he may appoint an Assistant Prosecutor to act in his place.

Any person who is a witness to a crime, a victim of criminal activity, or a victim of unfair treatment may contact the Captain of the Guard to present all relevant facts and evidence. The Captain of the Guard then decides whether the facts and/or evidence provided against a suspect constitute the opening of a Trial. If so the Captain of the Guard then opens that trial in the appropriate Kingdom Court of Law sub-forum. He would then notify both the Judge and the Magistrate via PM of the trial along with a URL link to the pertinent trial post.

Once that Trial has been started, the Guard Captain may choose to perform a Restrain act upon the defendant in order to keep that defendant within the country for a period of up to 48 hours. He may also choose to perform a Confiscate the Market Goods act(s) upon the defendant if the specific broken law(s) in question hold that penalty.

The Judge

Upon receiving notification of an opened trial, a Judge of the Kingdom where the trial is taking place must use the in-game functions of the Kingdom’s Court House to alert the defendant of their court case. The Judge uses the Court building menu to create the Crime Procedure. He will need a piece of paper and a wax seal in his inventory (?????? plz correct) to create this Crime Procedure. In the form he needs to fill out:

- The name of the Defendant - A summary of the crime he is accused of - The URL link to the Trial

Upon the Magistrate's submission of the Crime Procedure, the Defendant is notified of his opened Trial. Once submitted, the Judge can go back to the Court menu and view the Crime Procedure. From that screen he can also send out the Arrest Warrant, cancel the procedure, and he can even edit it if he does so prior to the defendant's arrest. For more information on the Crime Procedure read the associated Wiki article on the Crime Procedure.

The Defense

The Defendant upon receiving notification of his trial may choose to defend himself on the forum, or he may appoint a Defense Attorney to act in his place. The role of the Defendant or Defense Attorney in the trial is to present facts or evidence which will refute the Prosecution’s case against them during the Trial.

The Trial

File:Evidence Type 1
Screenshot Evidence: Screenshot evidence may be of an in-game function such as an Event List, a Character List, Inventory, but may not include personal in-game or external messages without the author's express written consent in the form of a Signed Affidavit. Screenshots of Public messages (viewable to all) are also admissible if accompanied by the appropriate url-link.
File:Evidence Type 2
Signed Affidavit: A Signed Affidavit is a screenshot of an in-game document/scroll (or a presentation thereof) written by someone other than the defendant which is used as testimony, evidence, character reference, or consent for use of personal messages. It must be signed by the author.
File:Evidence Tampering
Admitting Screenshots or Signed Affidavits which are proven as untrue or shown to be doctored in any way is a serious crime which may then open the person(s) in question up to further prosecution and/or the case may be remitted to the Supreme Court of Europe on the charge of Willful Tampering of Evidence.

The Trial must live as a Role-Play in the appropriate Kingdom Court of Law sub-forum. Every Trial concerning cities of each Kingdom will take place in this sub-forum.

The Trial steps are as follows:

Step 1: Opening remarks by the Prosecution: The Prosecution should open the trial with a presentation of the facts of the case, and a listing of what laws were broken by the Defendant. All evidence should be presented at this time and may take the form of a Screenshot or a Signed Affidavit only (see sidebar).

Step 2: Opening remarks by the Defense: The Defense should state their side of the case at this time and present any evidence which they have that refutes the facts or evidence which the Prosecution has presented. All evidence should be presented at this time and may take the form of a Screenshot or a Signed Affidavit only (see sidebar).

Step 3: Closing remarks by the Prosecution: The Prosecution then may attempt to refute the presented facts/evidence of the Defense and may also ask up to 3 direct questions to the Defendant for which to answer. The Prosecution will then finish with their closing remarks.

Step 4: Closing remarks by the Defense: The Defense then may attempt to further refute the presented facts/evidence of the Prosecution and may answer any questions which the Prosecution has asked. The Defendant is not under any obligation to do so, however failure to answer questions could be interpreted by the Magistrate as an admission of guilt. The Defense will then finish with their closing remarks.

Step 5: Verdict by the Magistrate: The Magistrate then weighs the facts and evidence presented by both parties and renders the Verdict. The Verdict can either be Guilty or Not-Guilty.

Step 6: Sentencing or Remuneration by the Magistrate: If the Magistrate delivers a Guilty Verdict: Then he must notify the Judge of the Verdict and the terms of the penalty of the crime for which to proceed with the Arrest Warrant.

If the Magistrate delivers a Not-Guilty Verdict: Then he must notify the Judge of the Verdict, AND he must notify the Guard Captain to release and/or reverse any Restrain or Confiscate the Market Goods acts which have been performed on the Defendant.

The Trial now is officially closed.

Each step should be concluded within 24 hours of the previous step. NOTE: If the Prosecution or the Defense does not present their case within their allotted 24 hours for a given step, the Magistrate has the power to proceed to the next step in the process.

Closing of the Trial and Crime Procedure

Once notified of the Trial’s end, the Judge then opens the Crime Procedure and in the case of the delivery of a Guilty Verdict he then issues an Arrest Warrant. In the case of a Not-Guilty Verdict he simply closes the Crime Procedure. Upon receiving an Arrest Warrant the Guard Captain can now perform an Arrest act upon the guilty Defendant. More information on the Arrest Process can be found in the associated Wiki article on Arrests.

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