TNP LAW 4
Criminal Trial Procedures
Replace the current text with the following:
Section 1. Duties of Attorney General in Trial Proceedings.
A - The Attorney General shall be the Chief Prosecutor in The North Pacific and shall be the default prosecutor for all cases brought to trial in The Court of The North Pacific.
B - If the Attorney General is charged, then a prosecutor shall be selected by the Chief Justice in a timely manner that is not arbitrary or capricious.
C - The Attorney General may also choose to delegate the Prosecutor's role to a Regional Assembly member.
Section 2. Trial Preparations.
A- The Attorney General or the prosecutor shall file a statement of criminal charges against one or more defendants in The Court of The North Pacific. A defendant shall enter a plea within 72 hours of the filing. In the event no plea is entered by that time, a plea of “not guilty” is assumed to have been made by such defendant.
B - The defendant, prosecutor and their legally recognized representatives shall have not more than seven days following the filing of charges and the entry of a plea to prepare all testimony transcripts and other evidence for presentation to a jury before a trial begins. For extraordinary cause shown, the Court may grant an extension of not more than seven additional days for the pre-trial preparation period. All evidence and testimony transcripts shall be ready for presentation to the jury before the trial begins.
C - If the defendant refuses to participate or requests counsel, a public defender shall be provided. The appointment shall be completed within seven days after the charges are filed.
D- Once criminal charges are filed, neither the accuser, the defendant, or any party legally recognized as representing them, may reveal or discuss any details of the charge prior to or during the trial except in open Court during the course of the presentation of evidence at trial or where specifically asked to do so by the presiding officer of the trial or a legal appointee of the Court.
E - If discussion about the charge, or subjects related to the charge, is already ongoing at the time that the charge is made, the accuser, the defendant, any party legally recognized as representing either of them, or the jury pool, are forbidden to continue participating in such discussions. Such ban shall continue until the case is resolved and closed by the proper legal official, as mandated by the Constitution, The North Pacific Legal Code, or any other laws of the Region.
Section 3. Jury Selection.
A - A trial jury pool of not less than 20 eligible Regional Assembly members shall be randomly drawn by the Chief Justice during the first week of each judicial three-month term.
B - No later than seven days after a plea is entered, five jurors will be randomly selected by the presiding officer from a jury pool of Regional Assembly members.
C - Any member of the jury pool who has expressed bias as to the particular case or who has served on a jury in the past three months will be automatically excluded from the trial jury.
D - If either counsel believes one of the jury pool members is unfit to serve on the trial jury for reasons of bias or a conflict of interest, the claim will be presented to the Court within 24 hours. Within 24 hours thereafter, the presiding officer will review the claim and if he/she finds it valid, the next available juror will be chosen for the trial from the random drawing list. Once the trial is started, the juror is required to complete their obligation.
Section 4. Trial Procedure.
A - The presiding officer shall list the charges against the defendant and give instructions to the jury regarding the procedures for deliberations, verdict, and recommended sentences if the defendant is found guilty.
B - The prosecutor will then present all of the evidence and the testimonil trescripts of its witnesses relating to the charges. Afterwards, the Nation on trial (or their counsel) will present all of the evidence and the testimony transcripts of its witnesses relating to the defense. Normally all of the evidence and testimony transcripts will be posted by each side at the same time within 24 hours after the Court directs the party to present its evidence.
Section 5. Jury Deliberations.
A - After both sides have presented their cases, the jury will deliberate on the verdict and, if the Nation is found guilty, determine the sentence. A majority of the jurors is required to reach a verdict and pass a sentence.
Section 6. Conclusion.
A - Once the jury has reached a verdict, it will be delivered to the presiding officer to be announced. The trial will be concluded once the presiding officer confirms and enforces the verdict.
