Constitution: The Courts and The Law

Article IV

The Courts and Law

(composition of different juries, role of judges, selection of judges)

Regarding Purpose

Whereas;

The purpose of the Law is:

( … ) resolution of differences … decidability rather than subjectivity in matters of dispute.  to define a standard of restitution and punishment … to give license to the exercise of violence (force) to resolve such differences. to prohibit retaliation cycles.

The purpose of the Courts is:

(a) to limit display, word, and deed to productive, fully informed, warrantied, voluntary transfers free of imposition of costs upon the demonstrated interests of others; and by doing so limit all to voluntary cooperation in markets for association, cooperation, production, reproduction, and production of commons;
(b) to discover and provide rules and guidelines for successful coexistence, cooperation, and persistence in a polity, using the markets for association, cooperation, production, reproduction, and production of commons;
(c) to resolve disputes by those rules,
(d) to force restitution for violation of those rules,
(e) to prevent further impositions by those who violate those rules,
(f) to extract the repeatedly uncivil who violate those rules from the society by exile, separation, and if necessary, execution.

Therefore;

Regarding Interpretation

( .. )

Regarding Incrementalism

( … )  The policy of Zero Tolerance.

Regarding Scope

Whereas;

Russia and Iran and China as States, and the Jewish and Muslim peoples as Cults, have ended the peace of Westphalia; and the State and its bureaucracy has evolved to treat Alien States as clients over the interests of the people; therefore the people shall be free to use all means civil, judicial, economic, informational, and military to obtain restitution for crimes against them.

Therefore;

1. The Judicial power of the court shall be construed to extend to any suit in law or equity, commenced or prosecuted against any individual, organization, or polity. The state shall no longer disintermediate the people from their means of correcting an offense, nor their means of restitution for offenses against their property.

2. The organs of defense, without limit, shall seek to perform such restitution at their discretion, including the restitution of the costs of their actions in such service from the offending party if foreign; and the militia, sheriffs, and police (if extant), if domestic.

Regarding Specialization (juridical)

( … )

Regarding Enforcement

…..The people, the sheriffs and their deputies, the police, the militia, the military

Regarding The Judges

(…)

Regarding the Sheriffs (court independent of govt)

( … )

Regarding the Court ()

2 – All residents regardless of rank, shall have universal standing in matters of the commons, as well as standing in matters private, such that the citizenry may use the courts for the resolution of any dispute whatsoever.

(Counsel: The current disintermediation by the state and bureaucracy in matters of the commons shall be prohibited.)

3 – Whereas insulation from suit has produced abusive ends, all protection from suit for any and all persons shall be prohibited, such that all persons shall be liable for all suits before the court, without exception.

4 – The court shall not allow itself to be used to circumvent the legislative or regulatory process; demonstration of attempt implied or explicit to circumvent the legislative process shall be a substantive defense; Appeals shall demonstrate zero tolerance for circumvention of the legislative processes.

5. The court room shall be Sacred (without rights); and all present dressed, behaved, and spoken  (display word and deed) as befitting the sacred; and enforced by all officers of the court, with little if any tolerance.

6 – The right of the people to juridical defense shall not be infringed. The right of the people to use of their assets shall not be infringed without juridical defense, and the state, as a corporation shall have no greater priority or merit than any other resident’s claim on an individuals interests. No person shall be impoverished or interests harmed as a means of coercion while under juridical defense.

6. A Person charged in any State, who shall flee from Justice, and be found in another State, shall on demand of the executive Authority of the State from which he fled, be extradited to the State having Jurisdiction of the Crime.

7 – The right of the people to be assumed innocent until proven guilty no matter how trivial the matter, shall not be infringed.

8 – The right of people to be free from entrapment, constructivist prosecution, and inflation of charges, shall not be infringed.

9 – Accidental self incrimination in the reporting of another crime shall only be prosecuted for the crimes of predation, and leniency granted.

10 – The practice of prosecution for non-predatory and non-parasitic crime discovered in the process of investigation of others, shall be prohibited.

11 – The right of the people to be free of double jeopardy shall extend to prohibition on civil suit if cleared of criminal prosecution.

12 – The right of the people to speedy trial shall not be infringed; no individual arrested until the prosecutor prepared for trial; the court commanded to meet market demand for timely due process by increases in staff and facilities, rather than subjecting the people to interference in their daily lives.

(Counsel: the court is a commercial service like any other and shall meet demand, or if failing demand, capacity added by means of competitors.)

13. The right to a trial by jury of one’s peers shall not be infringed; with twelve jurors the presumption, scaling up and down with the severity of the outcome of the matter before the court; but no less than six; Only Citizens, and Peers shall sit a jury; and shall be paid per hour according to their calculated daily income lost.

( Counsel: decrease the pool of jurors to those most able and invested; and compensate them such that they cease to avoid service.)

Optionally;

14 – The ancient right of Trial by Combat with Hand to Hand Weapons shall not be infringed;

(Counsel: Effectively, allows suicide.)

15 – The right of the people to require demonstration of means, motive, opportunity, and intent, shall not be infringed.

16 – The right of the people to confront all participants in the chain of evidence and argument shall not be infringed.

17. The right of the people to be free of false accusation shall not be infringed, and triple restitution as per libel and slander, imposed.

17 – The right of the people to be free from confiscation without due process of law shall be restored and shall not be infringed; and the right of the harmed to sue for restitution upon the assets of those convicted of crime shall not be infringed.

18 – The right of nullification by jury shall not be infringed.

19 – Leniency and reward for truthful testimony in matters of self incrimination shall be required, and punishment for untruthful testimony in matters of self incrimination shall be required; no matter the crime; as insurance against producing incentive to deceive the people.

20 – Whereas frivolity and disproportionality have been endemic in the courts ;

(a) Judges shall be appointed in matters of Tort, and not elected.

(b) Separate specialized Courts shall be provided for, and Judges shall be specially trained in, or recruited from the fields of: Medicine; Legal Practice; Technological and Patent; Banking, Finance and Tax;  Separate courts shall be provided for: suits against the state and state actors; and family.

(c) The court may assess punitive measures for cases of irresponsible frivolity; in particular for grandstanding, and repeated abuses of the court’s time;

(d) The treasury shall finance the court proceedings but the loser shall pay unless the jury deems, and judge agrees, that proportionality due to proportional fault is more suitable in extreme cases.

And; Whereas the treasury shall finance proceedings;

(i) the court has the right to regulate expenditures by any party as it sees fit.

(ii) the practice of compensation of counsel (et al) dependent upon amount of restitution (damages) shall be prohibited, and all compensation limited to time,  materials and reasonable expenses as determined by the court.

21. Economic, Non-Economic and Punitive Damages shall be available to the court where;

1. Economic Damages shall be calculated by common actuarial means, inclusive of lost earnings, income, and benefits, plus any required cost of care if not covered by benefits.

2. Non Economic (or Hedonic) Damages shall be limited to the greater of  the median price of similar primary residences, or the market value of the primary residence at the time of injury, whichever is greater; with the severity of the loss discounted therefrom; with attempts to inflate such values by any means whatsoever, resulting in a halving of those damages.

3. Punitive Damages

i) Punitive damages shall not be imposed unless a pattern of behavior has been established in multiple cases across time, and the behavior has not changed.

ii) Any punitive damages shall be imposed upon the board of directors, and principles, or executive management of the organization, and those in the chain of operations involved in the action, and the insurer – and not passed on to shareholders or customers, nor may claims be made against customers or shareholders.

iii) Such punitive damages shall be paid exclusively to the Treasury for the reduction of debt.

22 – The judge and jury shall be required to avoid ‘favoring the underdog‘, and instead judge the actions by people on the property of people the condition of people performing such actions. The court of appeals shall also do so.

23 – The right of judges and the jury to insulate the defendant from punishment for accidents in the absence of carelessness shall not be infringed.

24 – The right of judges to impose ‘creative‘ punishments the purpose of which is to train the individual to correct his behavior shall not be infringed.

24 – No man shall be punished because of his relative poverty for non-payment of juridical costs. In the choice between producing income, providing food clothing shelter, heat and air conditioning, and even self-medication by legal and illegal means, shall precede the duty of payment of fees.

(Counsel, end administrative punishment of laboring and under classes)

26 – The right to privacy in all court proceedings shall not be infringed.  No one shall have any right to access them other than the judge or the judge or his proxy by inheritance of the chair. As a consequence all divorce proceedings in particular, but all civic conflicts in general, shall require permission of the court.

27 – The right of bankruptcy and ‘starting over’ shall not be infringed, and as such all debts are vacatable, other than that restitution for which one is capable, and in those cases of crimes of predation or recklessness, prison time shall be substituted.  But none shall be prohibited from ‘starting over’.

28 – The right to be forgotten shall not be infringed. This includes any and all data anywhere upon the person other than the records of court proceedings. As a consequence all search data, social media, credit scores, and other information must be deleted within 48 contiguous hours of demand.

Restitution, Punishment, and Exile

1. No one, no group, no institution may take action for which he, they, or all, may not perform restitution and correction in the case of ignorance, error, bias, wishful thinking, or deceit.

  • It is impossible to perfectly anticipate the future, despite due diligence.
  • It is impossible to pay for restitution of life involuntarily taken, except with life.
  • It is impossible to pay restitution for life accidentally taken with more than all reasonable due diligence one has the agency to make use of.
  • It is impossible to pay restitution for the infection of a genetic line except with the sterilization if possible, exit if possible, and extermination if not, of the infected members.
  • It is impossible to pay restitution for infection, harm, or destruction of norms, institutions, culture, and civilization, except with destruction of life, norms, culture, institutions, and civilization.

2. Those individuals with three convictions for crimes of predation and felony shall be sentenced to separation for 25 years.

3. All general Fees and Fines shall be specified and calculated hours of work time in the median income: Median Income divided by 2080 such that they scale with the era, and need not be continuously adjusted.

4. All restitution and fines (punishments) not specified herein, shall be at the discretion of the court, and sufficient to prohibit repeat of the behavior.

5. The right of the people to impose: capital punishment by hanging, or exile (deportation, even of residents, citizens and peers);  or ostracization (isolation camps, work camps, or prisons); or territorial prohibitions of any sort; or physical punishment by lashing;  or restitutions, fines, and demands of service, shall not be infringed.

6. The court and the people shall make full use of no less than:

  • Public Service
  • Fines
  • Restitution
  • Punishment
  • House Arrest and Sentence (bound to their homes).
  • Exile both temporary and permanent.
  • Exile to military and civil legion.
  • Ghettos: enclosed, self sustaining neighborhoods, villages, towns, or cities which serve to permanently separate the uncivil from the civil.
  • Work Camps: enclosed, self sustaining collections of barracks, farms, workshops, and territorial labor, under military discipline, and ‘re-education’ programs.
  • Working Prisons.
  • Solitary Confinement (isolation).
  • Execution

2. Individuals may permanently self-encarcerate in Military and Civil Legions, Ghettos, Work Camps, and Working Prisons, at any time if they deem themselves unfit for civil (market) participation.  Ghettos may self govern within the limits established by policy and courts. And all attempts to make the forms of incarceration (separation) self sustaining shall be made.

3. Incarcerated individuals have the right of separatism from non-kin. As such, groups shall be organized by race and by class if sufficient numbers.

Asylum

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