Date: Fri, 10 Mar 1995 22:27:03 -0800 From: Bill Knight - De Oppresso Liber SubDir: EMPIRE FileName: IMPJUS-1.TXT Summary: Part 1 of 3 in a description trys to explain the Imperial judicial system and it's Imperial Magistrate Bureau. Bill Knight ANWTK@acad2.alaska.edu 2ed rules ---------------------------------------------------------------- By Bill Knight, ANWTK@acad2.alaska.edu The term "it" is used to refer to male/female/ and alien's of neuter gender. Imperial Judicial System According to the Imperial Law of Conduct, the Empire expects each of it's citizens to exercise self-discipline and control which will enhance the citizen's worth and productivity to the Empire and fellow citizens. If a citizen has been charged with violating the Imperial Law of Conduct they are subject to disciplinary action under the Uniform Code of Civil/Military Justice. If a citizen is charged with violating local, planetary, system, the Empire reserves the option to simultaneous initiate disciplinary procedures against the citizen for violating the Imperial Law of Conduct. Initial Action: Initial actions against citizens who violate the Imperial Law of Conduct will be an administrative hearing before designated Magistrate staff. The procedure for the hearing is as prescribed in the Handbook of Civil/Military Justice. Preliminary Interview: Activities which do not warrant probation or incarceration (a high transgression) will be examined by a Citizen Case Officer (CCO). The local governor will designate an CCO will conduct a preliminary interview with the citizen charged with violating the Imperial Law of Conduct to examine the alleged incident. Notification of the interview will be given to the citizen at least (3) three working days prior to the scheduled interview. The citizen may offer explanations, defenses and/or mitigating evidence of conduct leading up to the incident. Should the citizen miss the interview, the Citizen Case Officer will examine the case's facts in absence of the citizen. At the conclusion of a the interview, the CCO has the option to: 1. Dismiss the case 2. Order sanctions as per "Sanctions: CCO's Handbook." 3. Refer the case for a hearing if stricter sanctions are deemed necessary. Hearing Process: If the CCO discovers that a citizen's alleged involvement in an incident is graver than initially indicated, a hearing will be scheduled as soon as possible but must be within (2) two weeks from the date of initial interview. The citizen may choose to have it's case heard by the local governor or an appointed representative at an administrative hearing or by the Standing Judicial Citizens Committee (described below). 1. An administrative hearing is overseen by the governor who will make the decision whether or not a violation of the Imperial Law of Conduct based on presented evidence and only on the evidence. 2. The Standing Judicial Citizens Committee is made up of two citizens, two members of the Imperial Magistrates Bureau, and a CCO. The two citizens are appointed for a one year term by the Imperial Magistrates Bureau (IMB). The local Imperial Governor will appoint the two IMB officers who will serve a one year term, and a CCO will be drawn randomly from the local pool. Committee decisions will be determined by a majority vote. The committee's determination will be based upon the evidence presented and if it establishes that it is more likely than not that the accessed citizen violated the Imperial Law of Conduct. The committee may or may not determine an appropriate sanction. If the crime is considered serious enough, it may be referred to the Imperial Board of Charges. Regardless, the CCO will confer with the governor on what the final decision will be. Forwarding of Verdict: Should the Standing Judicial Citizens Committee determine that the citizen's incident is of such a serious nature as to be classified as a high transgression, then it may be forwarded to the Imperial Board of Charges. A citizen may automatically go before the Imperial Board of Charge if it commits a crime against the Empire as specified in the "IMB: Uniform Code of Civil/Military Justice" as well as the "IMB: Crimes and Bounties Postings." Initial Arraignment: Incidents which are considered to be high transgression and are likely to warrant incarceration or execution will be reviewed by an Imperial Board of Charges (IBC). The IBC is composed of four (4) magistrates, two (2) civil and two (2) military. The Board chair is a High Magistrate which may will be a military judge if the accused citizen is charged with a military crime; otherwise, a civil judge will preside over the board. During the review before the board, the citizen may present explanations, defenses, or mitigating evidence in it's behalf. After reviewing the evidence, the board may: 1. Dismiss the case 2. Issue sanctions as per indicated in the Uniform Code of Civil/Military Justice (UCoC/MJ). 3. Refer the case to the High Inquisitors Due Process: Each citizen of the Empire shall be afforded due process of disciplinary matters as appropriate with regards to the security of the Empire. Citizens accused of violating the Imperial Law of Conduct may be afforded the following rights during review before the Standing Judicial Citizens Committee and/or the Imperial Board of Charges; again, as appropriate with regards to the security of the Empire. 1. Notice of allegations of misconduct and the sections of the Ucoc/MJ violated. 2. Notification of witnesses, and when security allows it, a copy of the witnesses statement or accusations and other supporting evidence. 3. The opportunity to choose a public or private hearing to the extent that such choice is permitted under local and/or Imperial law. 4. The opportunity to choose public or private counsel. Legal counsel may be present during questioning sessions and disciplinary sessions. 5. The opportunity to face an hear all witnesses or accusers as appropriate with regards to the security of the Empire. 6. The opportunity to offer a defense along with relative evidence or displays, testimonies, and witnesses as deemed acceptable by the High Magistrate. 7. The right to remain silent and avoid self incrimination. 8. The right to appeal the decision with appropriate consideration given the security of the Empire and it's need to maintain the safety of it's citizens. Appeals process: A citizen that has been found guilty of a high transgression bay elect to file for an appeal if it has been determined that it has not been a threat to the continued security of the Empire and if: 1. There was a chance of a significant procedural error upon the behalf of the CCO or Magistrates. 2. The sanction for the offense was deemed excessive. 3. Abundant new evidence has surfaced that may change the initial verdict (assuming that the new evidence would have changed the initial decission had it been present). All appeal requests must be filed within forty (40) standard days after the conviction. Should the appeal not be filed within the specified time frame, the appealant may: 1. Citizens may appeal sanctions made by local courts to the local Imperial Magistrates Board. 2. Citizens may appeal sanctions made by the IMB to the local governor. 3. Citizens may appeal sanctions made by the governor to the Sector IMB. 4. Citizens may appeal sanctions made by the Sector IMB to the local Moff. 5. Citizens may appeal sanctions made the local Moff to the Emperor. Once an appeal has been examined by a designated appeals reviewer, it may not be appealed to that level again. Sanctions: The following list of sanctions is representative of what may be found in the Uniform Code of Civil/Military Justice and should not considered to be exhaustive. The Imperial Magistrates Bureau reserves the right to create sanctions or merge sanctions as deemed appropriate. 1. Warning -The citizen is given a verbal reprimanded and counsel of what the next time will bring. 2. Probation -For a set period of time the accused is to check in with a designated local official. Violation of probation will lead to a harsher, stricter sanction. 3. Loss of Privilege -Specific privileges are forbidden for a specific period of time. 4. Restitution -Reimbursement for expenses, damage, or misappropriation of property. 5. Labor -Uncompensated labor for a set period of time at a designated labor institute. 6. Restriction -Certain areas are denied to the accused. Violation will lead to harsher sanctions. 7. Incarceration -Placed in confinement for a set period of time. 8. Execution -Separation of citizen from it's life force.