| Amendment to the Bill of Rights |
The Charter has changed much in the last few months ago. I don't believe you can point to any specific date without it being arbitrary.
Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator. I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum. Legal Resources: THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System
Well there is a date at the top of the Charter. Not 100% sure why we have that date, but it's there.
If we had a clear criminal code that didn't need extensive changing that would probably be best but that's a WIP.
I think that it is dangerous to try people for things that weren't legally a crime post fact. Considering our criminal code has been mutating extensively and seems to need further metamorphosis, its best to prevent abuses. Then, I do wonder if they courts have the power to try someone or give out sentence based on something that is obviously heinous (couping, vote stacking ,etc) but maybe even due to a mistake (remember when we had a couple of errors in our laws that need to be fixed) have been deleted. I'm thinking of one or two times when a line of legislation disappeared and no one noticed until after the fact. Changes or additions I would suggest to what Hileville proposed: 7. The right to defend themselves in the judicial system of the Coalition of The South Pacific with all the guarantees of a speedy hearing and due process of law and to be protected against the application of any law ex post facto. Since we are looking at this right now, should defendants have the right to a lawyer provided by TSP? Is that something we would want to offer? And should there be a position of Attorney General who can prosecute for the government? Finally, is there a way to tighten this, "application of any law ex post facto." I'm thinking "any law" could refer to the Criminal Code? And a footnote with a definition of "Ex post facto" (or actually a specific definition of what it means here) would be useful. If you aren't used to legal language or have to look it up, it can be intimidating and therefore better to either have the layperson's language in place or easily found whether through footnotes or precise definitions that are agreed upon. Escade ~ Positions Held in TSP ~ Delegate | Vice Delegate Minister of Regional Affairs, | Minister of Foreign Affairs | Minister of Military Affairs ~ The Sparkly One ~ My Pinterest
Quite frankly, when I drafted the Due Process Clause I assumed the right to an attorney was implicit in it. I am not saying that everyone should assume the same. I am just saying that, as drafter, that was my intent and assumption.
Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator. I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum. Legal Resources: THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System
Are you done acting like a child now?
(03-29-2015, 12:25 AM)Escade Wrote: Since we are looking at this right now, should defendants have the right to a lawyer provided by TSP? Is that something we would want to offer?Unless you want to have a kangaroo court then yes - the defendant doesn't have to avail themselves of it, but if we are going to have an impartial judiciary then it shouldn't be too hard to find somebody who will represent them, sufficiently versed, to act as advocate (03-29-2015, 06:01 AM)Ditortilla Wrote:(03-29-2015, 12:25 AM)Escade Wrote: Since we are looking at this right now, should defendants have the right to a lawyer provided by TSP? Is that something we would want to offer?Unless you want to have a kangaroo court then yes - the defendant doesn't have to avail themselves of it, but if we are going to have an impartial judiciary then it shouldn't be too hard to find somebody who will represent them, sufficiently versed, to act as advocate Having gone through the process of trying to find somebody for representation who had a clean reputation and was well-versed in TSP law was somewhat difficult. Therefore having a list of lawyers who are available would be ideal. (03-29-2015, 01:10 AM)Kris Kringle Wrote: Quite frankly, when I drafted the Due Process Clause I assumed the right to an attorney was implicit in it. I am not saying that everyone should assume the same. I am just saying that, as drafter, that was my intent and assumption. Kris, I think such things probably need to be explicit and also some sort of mechanism or procedure for the defendant or the filer of a complaint to get a government appointed or approved lawyer. I remember not knowing what COI was and the more things like that, the less direct and clear information the less likely people will know what they are expected to do or know. Then when you Google something it may have a variety of definitions and add to the uncertainty. Escade ~ Positions Held in TSP ~ Delegate | Vice Delegate Minister of Regional Affairs, | Minister of Foreign Affairs | Minister of Military Affairs ~ The Sparkly One ~ My Pinterest (03-29-2015, 12:29 PM)Sandaoguo Wrote:(03-29-2015, 02:36 AM)Wolf Wrote: Are you done acting like a child now? That's overboard Glen.
Zaolat
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