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one thing that now occurred to me is that defense counsel may also be in a position to tamper with evidence due to a position in the government. Perhaps the ruling, now focusing n prosecutors, should reflect this?
I have not included a paragraph on handling secret evidence in general as I think that is properly something for the RA to legislate
We could include something like this:
The court notes that the handling of secret evidence and particularly the (im)possibility of using it in court requires...
I decided to go with my own draft as I think yours puts the emphasis wrong:
Evidence to be presented in court may be redacted or withheld for security or other pressing reasons. The government decides on what to withhold or redact. A prosecutor may be involved in this decision due to also...
One more thing that occured to me that is maybe only tangentially related to this review but probably needs a resolution is the following
It is entirely possible that there is evidence that cannot be made public for security (or other) reasons but should still be considered by the court...
I have considerable sympathy for Sillystring's argument that regardless of who makes the decision to withhold or redact evidence there is no violation of fair trial since the decision can be reviewed by the court. In this line of reasoning the involvement of an AG in the decision is not...
my point is that in my opinion the law allows the delegate to use every toy at his disposal and does not enumerate a limited set of toys that may be used, when the delegate gained an extra toy the law thus automatically authorized the delegate to use it since he can use everything. No...
I read your request for review as challenging the validity of the regional officers authority to eject since you understand the law to permit only the delegate to do this. A second challenge (that I do not think has been made) is possible by accepting the authority and arguing that it was not...
Unless I misunderstand game mechanics a delegation of authority certainly took place when the delegate granted border control authority to certain regional officers. The law does not seem to require more then this factual attribution.
I do not read in the law any requirement to publicly...
One further issue I think we should address is the optics of the redacting of evidence by a (dual-hatted) prosecutor. Even if we hold that there is no material violation of the right to fair trial we could find that it *looks* bad enough to be impermissible. After all, Justice must no only be...
I, Barbarossistan, do hereby solemnly swear that during my term as Temporary Hearing Officer, I will uphold the ideals of Democracy, Freedom, and Justice of The Region of The North Pacific. I will use the powers and rights granted to me through The North Pacific Constitution and Legal Code in a...
I could not find any rules on the submission of riefs, please consider this to be my brief:
the relevant bit of law from the TNP legal code seems to me to be this (quoted for convenience):
Section 9.2: Disease Control
3. A NationStates event involving an outbreak of an infectious disease shall...
I'm interested to act as temporary hearing officer. I'd like to get involved with the court and this seems a good way.
My knowledge of TNP law is limited, I've read it but hardly made a thorough study, I think I can read up on the relevant law and any available case law as required though.
could be a good idea, the current name "peacekeepers" might imply the use of force thouh while something like a (quite non-violent) "assistance in rebuilding and reintegration office" seems the intention. Is it still possible t rename?
Court Justice (select up to 3): Eluvatar | Crushing Our Enemies | SillyString
Would you like to reopen nominations? No
Attorney General: Ash
Would you like to reopen nominations? No
This bill does not seem a good idea to me. It can too easily turn sentencing into a popularity contest held among RA members who are not necessarily well informed on the full facts of the trial. True, the court can always make a token modification but such a defiance of the word of the RA is nit...