Criminal Complaint (charge someone with a crime under the Criminal Code) [1902] Nakari v. North Prarie and Concrete Slab |
(03-16-2019, 05:02 PM)North Prarie Wrote: Pursuant to a plea agreement entered into with the High Court of the South Pacific, I hereby plead guilty to the offense of Contempt of Court. Wait, what? Where exactly does the court get the power to offer plea agreements?
-tsunamy
[forum admin]
(03-16-2019, 09:50 PM)Tsunamy Wrote:(03-16-2019, 05:02 PM)North Prarie Wrote: Pursuant to a plea agreement entered into with the High Court of the South Pacific, I hereby plead guilty to the offense of Contempt of Court. Has this happened before? Legislator | Local Councilor | Aspiring TSP Curmudgeon Messages archived by the Ministry Of the Regal Executive - Bureaucratic Services (03-16-2019, 09:50 PM)Tsunamy Wrote:(03-16-2019, 05:02 PM)North Prarie Wrote: Pursuant to a plea agreement entered into with the High Court of the South Pacific, I hereby plead guilty to the offense of Contempt of Court. We concluded that it was a logical extension of our power to determine guilt and issue sentence; that would seem to contain the ability to offer a reduced sentence or set of charges in return for a formal guilty plea. In this particular case North Prarie had already, to our interpretation, admitted fault whilst arguing mitigation. We found this argument - that he had broken the law but without full cognisance of what he was doing - persuasive, and as such approached North Prarie about changing his plea. Our remit is to investigate a matter, determine what occurred, and ensure restitution. I believe that in this case that was best served by this outcome. Minister of Media, Subversion and Sandwich Making
Associate Justice of the High Court and Senior Moderator
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In the absence of any law authorizing plea agreements, why wouldn’t the Court just acknowledge that North Prairie admits guilt, declare him guilty in an official ruling, and then deliver whatever punishment?
Not sure I’m comfortable with the court deciding it has the power to short-cut the process laid out in our procedural laws and reach special agreements with the parties.
... do we have a process for pleading? Like, is that even set out or is it just assumed both people are going to plea not guilty?
I don't have an issue with what was done or even the logic used to get to that conclusion — and in fact, I think getting people to see the error of their ways is more productive that sentencing them and what not. But, I think such process should be codified. (Especially, since the typical use of the term plea deal -- at least in the American context -- is between the prosecutor and the defendant; not the court.)
-tsunamy
[forum admin]
(03-17-2019, 08:53 AM)Tsunamy Wrote: ... do we have a process for pleading? Like, is that even set out or is it just assumed both people are going to plea not guilty? Judicial Act Wrote:The verdict shall be guilty if and only if the accused admitted guilt or the justice has determined it to be substantially more likely than not that the criminal act occurred. 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
(03-17-2019, 10:09 AM)Kris Kringle Wrote:(03-17-2019, 08:53 AM)Tsunamy Wrote: ... do we have a process for pleading? Like, is that even set out or is it just assumed both people are going to plea not guilty?Judicial Act Wrote:The verdict shall be guilty if and only if the accused admitted guilt or the justice has determined it to be substantially more likely than not that the criminal act occurred. So then, yes, the baked in assumption is that everyone is going to plead not guilty.
-tsunamy
[forum admin]
In a way. The assumption is that everyone is innocent until proven otherwise.
Inviato dal mio iPhone utilizzando Tapatalk 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
Your honourable justices,
I refer to the honourable justices, commentary above and that of the respondent, North Prarie (included as quote below) (03-16-2019, 10:50 PM)Belschaft Wrote:(03-16-2019, 09:50 PM)Tsunamy Wrote:(03-16-2019, 05:02 PM)North Prarie Wrote: Pursuant to a plea agreement entered into with the High Court of the South Pacific, I hereby plead guilty to the offense of Contempt of Court. Article 8: Confidentiality of the Judicial Act states, at Clause 1, by default material... shall be submitted in a public venue. Article 8 is included in the spoiler. The material cannot, surely, be considered personal and Confidential and therefore be kept secret. Will the court please consider if the plea bargain details between the respondent and the Court can be published? I thank the court for it's time.
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 |
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