"Due to a lengthy backlog of trials before the court, and the unfortunate trail that was just completed (((whether Hild's trial is finished at this point of not is irrellivant as Garen's suggestions would be the same either way))) I have taken the liberty to suggest a much neater way to conduct criminal trials. This will not only expedite the trial it will also cement the Fraternity's authority in our courts. I would like you to look over my notes and, if acceptable, to forward them further up the chain of the Fraternity. If adopted, after alterations are made of course, a copy should be sent to all affected Factions for witnessing, and signing, so that none shall declare ignorance in court."
The form reads as follows:
wrote:Criminal Trials in Sigil – Directives to adhere to
Authored by Garen Seph
Steps as follows
Appearance Notice
The majority of people charged with a crime should be released and issued an "Appearance" notice, which informs them to appear in court on a specific day. If the charge is serious, or if the accused has previous criminal convictions, or the Harmonium fear the accused may not show up for court, the Harmonium may hold the person in custody until trial. In that case a Fraternity judge will decide whether or not to release them on bail while they are waiting for their trial.
During the trial at no point shall the prosecution or defence direct remarks, statements or questions directly to each other. All statements, remarks or questions shall be directed to the judge who will either allow the remark to stand or dismiss it. Neither side will reply to any of these remarks, statements or questions without the judgeÂ’s permission. The rulings on these remarks are final and not subject to objection.
Trial
At trial, the prosecution presents their case first. They must submit all witness names and prepared testimonies and present all evidence to try to prove, beyond a reasonable doubt, that the accused is guilty of the offence.
The defence must then submit all witness names and prepared testimonies to show innocence of the accused.
The judge will then hear a single prepared argument, from both parties on which evidences (in opposition to their position) should stand and which evidences should be dismissed and why (based on any technicalities, concerns, objections, etc). The presiding judge will then rule admissibility/inadmissibility on all submitted evidence and testimony by both sides. This ruling will not be subject to objection.
The defence will then issue a single prepared statement in regards to all prosecution witnesses, their testimonies and submitted evidence that have been deemed admissible by the judge. At this time they may question the validity of the prosecutionÂ’s witnesses, testimonies and evidence.
The prosecution will then issue a single prepared statement in regards to all defence witnesses, their testimonies and submitted evidence that have been deemed admissible by the judge. At this time they may question the validity of the defence's witnesses, testimonies and evidence.
The judge, at this point, may ask both parties for clarification or confirmation of defence/prosecution concerns. This is at the judgeÂ’s discretion and the judge is not obligated to do so if he/she is satisfied with the proposed arguments. Neither the prosecution, nor the defence, shall issue objections at this point.
The judge will then ask for the prosecution, and then the defence, to give closing statements to court. These statements cannot be objected to by either side.
After all above mentioned steps have been satisfied, the judge must then decide whether or not the prosecution has proved beyond a reasonable doubt that the accused is guilty. If guilty, the trial moves to sentencing. If found not guilty then the accused is released without record of charge. Trials involving multiple sentences will have each of the charges decided at this point.
Sentencing
The prosecution will give a statement for recommendation of sentence and reasons why. The defence will then do the same. The judge will then postpone sentencing for a period of up to three days to confer with Mercykiller representatives about decided sentence. The accused will be remanded into Harmonium custody until the judge returns to court with agreed upon sentence. At this point, if sentence can be served in court (fine/suspended/etc), the convicted individual will do so. If sentence cannot be served in court (incarceration, re-education, execution, etc), the convicted individual will be handed over to the Mercykillers to serve the agreed upon sentence.
Extras
At no time, once the trial has begun, shall any person of any Faction, rank, position or title, question the judges rulings or decisions. At no time shall they attempt to subvert, cease, dismiss or otherwise interrupt the court until the judge has given verdict or dismissed court on their own behalf. Should any person of any Faction, rank, position or title disagree with the courts rulings or authority, they can request to appeal the ruling after the trial to the Fraternity.
Once a trial has been started, the ruling of the Fraternity, whether at initial trial or appeal, is final. No person of any Faction, rank, position or title will ignore the validity of the final ruling of the Fraternity after final verdict is decided.
(((I wrote this up using some ideas from Reptillers post. Seeing as we have no real defined way to conduct a forum trial, I figured having something like this, that both sides can use to back their positions and to keep the trial short for the accused, this would be better than nothing.)))
((((edited to add: I know a format already exists but this format removes all the needless chatter and such. No need to make a ton of posts for each witness and testimony)))