Date: Wed, 15 Mar 1995 20:09:04 -0800 From: Bill Knight - De Oppresso Liber This is second of three parts of my version of the Imperial Justice System. Any comments or thoughts are always appreciated. -Bill Knight ANWTK@acad2.alaska.edu ++++++++++++++++++++++++++++++++++++++++++++++ Imperial Magistrates Bureaus The Imperial Magistrates Bureau (IMB) is just one of many that make up the Imperial Judiciary System (IJS) and within that system, the IMB is charged with formulating, implementing, and directing the Imperial Law of Conduct (ILC) which ensures that all citizens of the Empire receive a fair and expedient encounter with the law, so long as the security of the Empire is not compromised. This entails staffing, implementing the law in the courts, and enforcing the law outside of the court room. The IMB works in conjunction with the judicial systems of local planetary, system, and sector governments; however, the IMB has at respective hierarchies, has authority over these local judicial systems and can reverse, overturn, throw out, or modify the decision made by these courts. The IMB has established an hierarchy of courts that offer citizens an opportunity to appeal to higher courts if they feel they have received an unjust verdict from a lower court. ============================================== The Court Hierarchy (From highest to lowest) |--Court of the Empire | | |--Sovereign Court of Magistrates (Trial-M) |--| |--Sovereign Court of Adjudication (Trial/Appellate-M) | | |---Board of Magistrates (Trial-Sr/S) |--| |---Board of Entreaty (Appellate-Sr/S) | |---Imperial Board of Charges (Trial/Appellate-P/S) | | |--Citizens Committee of Entreaty (Appellate-P) |--| |--Standing Judicial Citizens Committee (Trial-P) P =Planetary S =System Sr =Sector M =Has a multi-region area of jurisdiction ============================================== Planetary Level At the bottom of the hierarchy are courts such as the Standing Judicial Citizens Committee (SJCC), the Citizens Committee of Entreaty. These courts handle lower transgressional cases such as parking-vehicle violations, youth offense cases, small claims, offenses with penalties of incarceration no more than one (1) standard year in length, and property/restitution cases under 20,000 Imperial Credits (IC). System Level In an attempt to keep the upper courts clear of congestion, the Imperial Board of Charges was established. The IBoC has the authority to hear cases which involves non-violent offenses that carry incarceration penalties of one (1) to twenty (20) years, property/restitution cases from 20,000 to 50,000 ICs and violent offenses that carry penalties of one (1) to fifty (50) years. The magistrates at planetary and system level may be either lay-magistrates (non-degree lawyers) or those with actual law degrees. It has been found that while lay-magistrates may make procedural errors, biased statements/decisions, and have inappropriate demeanor, the same has been noted in those with formal training so complaints of such nature are usually disregarded. Sector Level At the sector level, the courts appearance changes a little. Instead of a single judiciary official each court now has three members, one Senior Magistrate and two Subordinate Magistrates and all have some form of law degree from recognized institutions. In line with the Uniform Code of Civil/Military Justice, the officials are drawn from both military and civilian judicial pools. In primarily civil cases, the senior magistrate and one subordinate will be civilian and in primarily military cases, the senior magistrate and one subordinate will be military. In these courts, majority vote decides the verdict. The Board of Entreaty listens to appeals from the lower courts. It functions as a buffer of sorts. To quote the noted lawyer, Nitram Oripahs "For the citizen that has not received a verdict in it's favor, the appeal allows that citizen a chance to continue to assert righteousness without assailing the court's legitimacy or refusing to comply with the court's decision." The Board of Magistrates is the next step up in trial courts and hear cases that can carry sentences of six (6) years and up, as well as property/restitution cases with values of 51,000 ICs to 600,000 ICs. Sector Level Like system level courts, a tribunal presides over the courts at this level. The Sovereign Court of Adjudication hears cases brought to it from system courts as well as some that come from the Sovereign Court of Magistrates. This is the final level for appeals before going to the Court of the Empire. The SCoA has the power to overturn, amend, or throw out a lower courts decision, it may even order the case to be re-tried. All cases brought before the SCoA must first have petitioned the court to be heard and then must be deemed worthy of hearing. The Sovereign Court of Magistrates is virtually the final level a case may be taken to before appealing to the Court of the Empire. Any case not handled or capable of being handled at a lower level is sent here. This may be do to the severe nature of the crime, or the publicity that the case will invoke. Such cases usually involve treason, heinous rebel war crimes, assassination attempts against important political figures, or multi-sector crimes. The penalties imposed by the tribunal at this level are only what they choose to stop at. Like the SCoA, all cases that come before the ScoM must petition the court to be heard and be deemed worthy of hearing. Court of the Empire The CotE is the highest level that a case may be taken. It is the literal and symbolic pinnacle of the Imperial Magistrates Bureau and of the Imperial Judiciary System. The Court of the Empire has the ultimate job of defining the Imperial Law of Conduct and the Imperial Code of Statutes. This being the situation, the magistrates of the court have tremendous influence on the development of the Empire's public policy, so long as it does not compromise the Empire's security. To have come this far, the case must have exhausted all over avenues of endeavor. Then, the CotE must be petitioned for a hearing from which the court will decide whether the case is worthy of their attention. The Court of the Empire is composed of eleven (11) magistrates appointed by the Emperor. Majority vote decides cases. Judicial Process While cases are an individual thing, each with it's own process, a certain routine has been formulated: Complaint is made 1. Initial Contact with citizen about an incident 2. Investigation begins 3. Arrest is made if required or case is dropped 4. Citizen is taken into custody 5. Evidence is given to court where indictment is made 6. Preliminary hearing to determine if case is worthy of trial 7. Citizen is arraigned, informed of rights, bail determined 8. Bail or detention 9. Full scale investigation begins 10. Trial begins 11. Verdict determined 12. Penalty handed down 13. Correctional treatment begins 14. Eventual release