RULES OF CRIMINAL PROCEDURE

(ANZUS GAMING)

Article I: Jurisdiction

§ 1. Original Jurisdiction. Original jurisdiction over any crime committed within the State is vested in the Superior Court.

Article II: Preliminary Proceedings

§ 1. By Complaint.

(a). The State Attorney General, an acting office-holder, a State or Special Prosecutor or the Governor, may file a criminal complaint.

(b). A Special Prosecutor (appointed by SMT) or the Attorney General (strictly SMT) may file charges in this Court if the matter relates to crimes committed in this State under State law.

(c). With the signature of a judge in the District Court, the complaint is accepted and filed.

§ 2. By Investigation.

(a). Before a trial is done, a person must have committed a crime. It is the responsibility of the respective law enforcement agencies to collect evidence and establish a case against the suspect. Law enforcement officers assist prosecutors in obtaining such evidence and in understanding the details of the case.

(b). At times, investigations may involve the issuance of a search or arrest warrant against the property of persons involved, or against persons involved. The Constitution protects individuals from government overreach, and thus, certain elements must be met for the issuance of search and arrest warrants. (c). The Fourth Amendment requires law enforcement to have probable cause to search a person’s home, clothing, car or other property. Once probable cause is attained, a search or arrest warrant may be filed, however, it is good to note that oftentimes, when crimes are committed right before a law enforcement officer, the first step may be an arrest provided that probable cause is met.

Article III. Arrest Warrants

§ 1. Upon submission and acceptance of a criminal complaint, an arrest warrant shall be issued by the presiding judge for the arrest of the defendant, unless the Government requests that a summons be issued.

§ 2. Upon the issuance of an arrest warrant, the warrant will be referred to the State Police or any other relevant law enforcement officer to apprehend for detention and arraignment.

Article IV. Right to Counsel

§ 1. Upon apprehension, the defendant will be informed of their right to an attorney. If the defendant cannot afford an attorney at their expense, the Court will appoint one to him by random selection from the Bar roster. If the defendant wishes to represent himself pro se, he must inform the officers and any other member of the government (that means any member of the legislative, executive or judiciary) present, supervising or overseeing his apprehension.

§ 2. Counselors will not be allowed to represent the Defendant if they are not admitted to the Bar of the District Court (generic Bar), or if they are employed by the District Attorney’s Office or State Police.

(c). Failure to initiate or decline representation will be sanctioned by way of removal from the Bar of the District Court (the generic Bar).

Article V. Pretrial Procedure

§ 1. Indictment. An indictment occurs once a suspect has been apprehended and  plays a crucial role as it certifies that a person is no longer a suspect, but a defendant before a crime. A thread must be posted on the forums for an indictment to be deemed valid and a valid indictment is a prerequisite for a trial. This thread is referred to as the Principal Case Thread (or Indictment Template). As all parties may not be on the server at the same time, and to save time and the efforts of all involved, the principal case thread serves as an in-court, in-character thread, as if though the defendant is brought before the judge. This way, State Policed will need to just apprehend a suspect once, charge them and work with the District Attorney’s Office to submit the principal case thread.

§ 2. Arraignment and Pleas. (Standard Response allowed is 48hrs)

(a). If on Forums—

(i). Here, the defendant will be exposed to a statement by the State followed by the respective charges in which he has been accused of having committed.

(ii). The defendant, through their attorney, will be brought for an initial hearing on the principal court thread, and will be asked to plead guilty or not guilty to each of the charges in which they have been accused of. If the defendant pleads guilty, there is no trial, but the next step is to prepare for a sentencing hearing.

(b). If in-person—

(i). If all parties are online, that means, that the judge who issued the arrest warrant is online, and upon given notice by the apprehending body, the judge may, at his discretion, permit an in-person arraignment once the principal court thread is submitted to certify that the defendant has been indicted (charged). This literally means that the defendant must have been indicted, the indictment is posted on the forums, and then such must be communicated to the judge prior to engaging in an in-person arraignment.

(ii). Similarly, the judge will ask the defendant to plead guilty or not guilty to each of the charges in which they have been accused of. If the defendant pleads guilty, there is no trial, but the next step is to prepare for a sentencing hearing.

(iii). In general, for an in-person arraignment, the judge must be present and consenting, the respectively assigned prosecutors or those available must be present and consenting, and the defendant, or if they are being represented, their counsel must be present and consenting.

§ 3. Pretrial Motions. Before trial, at any instance on the principal court thread, the prosecutor or defense attorney may file a motion. A motion is an application to the court requesting the court make a decision on a certain issue before the trial begins.  In the case whereby a prosecutor is filing a motion, the defense attorney will be provided a chance to respond, and vice versa. Only judges decide the outcome of motions.

§ 5. Discovery. (Standard discovery period is 48hours) To avoid surprises at trial, and to determine which of the witnesses or evidence that should be presented to the Court, the prosecutor and defense attorney will exchange with one another materials and evidence that they intend to use at trial. This process is called discovery and continues to the time of trial. It is good to note within this period of trial, the prosecutor is also obligated to provide the defense with evidence that may exonerate, or prove their innocence, which is called exculpatory evidence. Brady v. Maryland, 373 U.S. 83 (1963).

Article VI. Trial Procedure

§ 1. Preliminary. After days or weeks of preparation, the trial ensues. The trial period is often seen as one single instance in the entire procedure, but relates to a myriad of steps and procedures. It begins with the judge deciding what evidence is permissible in court. This will assist in determining the facts of the case themselves, and the application of law to these facts.

§ 2. Judge’s Opening. At the beginning of every trial, the judge can briefly explain the nature of the charge or charges against the defendants, however, such statements must be tailored to the particular case. The judge will assume his role as determiner of fact and law, and may provide a statement as to the trial process, his roles and and obligations in the adjudication of the case, the standard and onus of proof to both counsels

§ 3. Opening Address of Parties. Opening statements begin with the prosecutor and the defense attorney, respectively. These statements are short like an outline and do not involve any witnesses or evidence. As the onus of proof lies on the State, the State goes first, followed by the defense attorney.

§ 4. Presentation of Cases. The presentation of cases are tailored in a way whereby the State provides their case in entirety first followed by the case of the defense, if any. The defense may choose to rely on rebuttals and casting doubt on the State’s case, and may choose to not present any evidence or witnesses.

§ 5. Direct Examination of Evidence or Witnesses. Following the opening address by parties, the State will begin presenting their case by introducing their first piece of evidence or witness. In the situation whereby the defense brings evidence or witnesses, they will begin with the direct examination of evidence or witness once the State rests their case.

§ 6. Cross Examination of Evidence or Witnesses by Opposing Counsel. Following the direct examination of evidence or witness, opposing counsel will be permitted to cross examine or ask questions to the same witness. The purpose of this is to create doubt as to the credibility of the witness or evidence being presented.

§ 7. Recross of Evidence or Witnesses. A recross is a cross examination of the cross examination of opposing counsel. This is only permitted once.

§ 8. Closing Statement of Parties. At this stage, the parties will concisely sum up their case and all that has been presented and how it returns to their central argument as to the guilt of the defendant. Upon the defense’s  completion of their closing statement, the State will be permitted to rebuttal.

§ 9. The Trial Phase In-General. The in-court case should look something like this—

Article VII. Post-Trial Procedure

§ 1. Return of Court. After deliberating on the facts and applying the law to said relevant facts, the judge arrives at a verdict, the judge will order that Court come into session again. The judge will then announce the verdict in open court. If the defendant is found not guilty, they are free to go and if any bail or bond was paid, is returned to them in full. In the case whereby they are found guilty, they are remanded into the custody of the bailiff for sentencing, and if any bail or bond was paid, is returned to them in full.

§ 2. Sentencing. If the defendant is found guilty, they are convicted. The judge will apply the aggravating or mitigating factors, the penalties, punishments or fines prescribed in the written law to the case, taking into consideration a number of factors such as, but not limited to, the defendant’s remorse, prior history, impact on victims and the severity of the crime. However, upon the release of a verdict, both parties are able to argue in respects to the sentence of the defendant.

§ 3. Adjournment. Upon sentencing, the defendant is then remanded to the custody of the Department of Corrections to serve the punishment or sentence imposed by the judge.

§ 4. Appeal and Post-Trial Motions. If a defendant is found guilty, they can appeal to the Supreme Court if they believe there was an error in the application of law or fact. An appeal is not another trial, but an opportunity for the defendant to raise specific errors that have or might have occurred at trial.

Article VIII. Sanctions

§ 1. If, after notice and a reasonable opportunity to respond, the Court determines that any of these rules have been violated, the Court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee.

§ 2. The Court may order, on its own or upon motion of either party, order an attorney, law firm, or party to show cause why conduct specifically described in the order has not violated the Court’s rules.

§ 3. A sanction imposed under this rule must be limited to what suffices to deter repetition of the conduct or comparable conduct by others similarly situated. The sanction may include non-monetary directives, an order to pay a penalty into court, or an order directing payment to the movant of part or all of the reasonable attorney's fees and other expenses directly resulting from the violation.