The Judiciary of Elysium [The Magistration]

[DrunkCapybaraa 176]

The Judiciary of Elysium

Issued 12 of the Grand Harvest, Year 74 of the Second Age

(Written by @DrunkFailure, @Periphonics, @Amethyst_Starry, @oryP)

 

Purpose 

While the state currently possesses the power to investigate, and too does the military possess power to arrest, both have been allocated the power of persecution whilst lacking a dedicated judiciary figuring to enact formal punishment. There is currently no single power to uphold a trial nor non-trial (in the occurrence of non-citizens) nor to proclaim sufficient sentencing. Throughout this document it shall be outlined the specific qualities of the Elysian Judicial Branch of government [hereby referred to as The Magistration] accompanied by their powers and branchial structuring.

 

Powers

The powers enlisted to the Magistration are as follows: 

• The ability to demand investigation be conducted via the State in accordance with and exclusively with an upcoming trial.

• The ability to summon witnesses to an ensuing trial for the side of the defendant or prosecution as they deem fit.

• To be granted access to all former and proceeding reporting, documentation and witness statements that fall beneath their personal jurisdiction in preparation for a trial.

• The power to judge a trial as well as stand as the sole power to prosecute the defendant, trumped only by those in higher power.

• The ability to sentence the defending party, with respect to outlined laws and regulation documented in the Elysian Lawbook -to which they absolutely must adhere by- for the crimes committed.

• The ability to record and store all information and documentations pertaining to the investigation, trial, and sentencing for future or further use.

 

Powers granted in relation to the rights of non-Elysian citizens

• The ability to sentence the defending party, with respect to outlined laws and regulation documented in the Elysian Lawbook -to which they absolutely must adhere by- for the crimes committed.

• To be granted access to all former and proceeding reporting, documentation and witness statements that fall beneath their personal jurisdiction in preparation for a trial.

 

Structure

The structure of the Magistration shall be as follows:

• The Crown - Which shall be given the title of Lord Magistrate

• Five Magistrates beneath The Crown

 

The Crown reserves the right to add or reduce the amount of judicial officials as necessary. If a defendant deems a trial to be unfair, they may petition the Lord Magistrate to take their trial. The Lord Magistrate may deny or take any case they wish on a case-by-case basis. A defendant may not petition other magistrates to take their case; the same goes for non-citizens.

 

Judiciary Checks and Balances

If a Magistrate is to be put upon trial as either prosecution or defense, the official judiciary role shall be filled only by the Lord Magistrate. Furthermore, if the Crown, or an individual of the Royal Family, is to be involved in trial as either the prosecution or defense, the official judiciary role shall fall to a minimum of three of the five magistrates and no one else.

 

Appointment and Requirements

The definite requirements one most possess to be eligible for the title Magistrate:

• Be a citizen of her majesty Elysium.

• Be anointed the title aristocrat or above as per the Crown.

• Be granted three nominations from members of the High Council with no rejections from any other members.

• Have worked within another governmental seat for a minimum of five Elven years.

• Pass the exam given by the Lord Magistrate

  • In order to attain the qualifications to be anointed the title of Magistrate, one must be able to correctly answer a series of queries chosen from a pool of questions, by the interviewing party [Lord Magistrate]. These queries shall be random in both quantity and qualities. 

 

Emergency Judicial Oversight Clause

In the event that there is no Magistrate present for the processing of an incriminated individual, the highest ranking official from this list [see below] shall be located. This individual shall be granted emergency judicial oversight, and are to report the case in its entirety to the Judicial Branch in full detail immediately. This clause shall grant all powers that a Magistrate possess to said official until processing is complete.

• Any Magistrate may take said case and alter the prosecution given by the emergency judicial official in any way they deem fit.

• In the event a Magistrate gains availability and comes to the processing of an accused party, this emergency clause shall become null, and that Magistrate shall immediately be deemed the overseeing body.

 

Restrictions in Relation to Being a Magistrate

• Individuals that possess any other role in government [Department of State] may not be apart of the judiciary.

• Those who are within the military may not be apart of the judiciary.

• A magistrate may not take part in the arrest nor apprehension of the defendant, if they so choose to participate in these events another judicial official must be located for the trial to continue. All actions proceeding shall be halted until one is found.

• Guards on location may state the crimes the defendant is to be charged with during both the arrest and processing. The Magistration may elevate, lower, or alter these crimes as they see fit during both the trial and processing.

• The magistrate may not carry out the punishment sentence. The duty of enforcing the sentence given shall be granted to on-duty guards; This clause covers both citizens of her majesty Elysium as well as non-citizens.

• A magistrate may not interfere in any way with another Magistrate’s cause unless granted explicit permission from the Lord Magistrate.

• The Crown [Lord Magistrate] shall be granted overriding Judicial abilities in all matters with no exceptions to this clause.

• Within the courtroom, the lead Magistrate is granted final say in all matters; this shall be second only to the Lord Magistrate if they so choose to be present for a trial or processing.

 

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List of Crown Approved Individuals to be given emergency Judiciary Oversight:

All High Council Members

Edited May 1, 2022 by DrunkFailure
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