Due Process and Jurisprudence Act

Introduction

This Act establishes the framework for due process, jurisprudence, and judicial procedure in the State of San Andreas. It governs trial conduct, appeals, investigative holds, and other core elements of the justice system, ensuring fairness and legal consistency in accordance with Article III - Rights and Freedoms of the Constitution.

Constitutional Justification

Under Article III, Section 6 of the Constitution of San Andreas, all citizens are guaranteed the Right to a Fair Trial and Due Process of Law.

Section 1 - Judicial Guidelines

1. All court proceedings shall follow a standardised judicial process as determined by the presiding Judicial Member.
2. Judicial scheduling shall be managed at the discretion of the Department of Justice (DOJ), based on the type and complexity of the case.
3. All parties must submit proper documentation and a summary of their request when filing for judicial consideration.
4. The DOJ shall maintain internal procedural guidelines for the conduct, format, and expectations of trials.
5. Specialised hearings (e.g. appeals, disciplinary, or constitutional matters) may follow modified procedures as deemed necessary.

Section 2 - Bench Trials

1. Bench Trials commence at the discretion of an available Judicial Member and are judged to the criminal standard of beyond a reasonable doubt.
2. Where a trial arises from a search or arrest warrant, a defendant may request a Bench Review limited to verifying the warrant’s validity.
   • The Judge may dismiss charges if probable cause is found lacking, or remand the defendant pending appeal once the issuing officer is available.
3. Once a Bench Trial is requested and acknowledged, the defendant must be presented before a Judge or Justice prior to sentencing, fining, or imprisonment.
4. Requests must be made through the arresting officer, who shall notify the Judiciary without delay.

Section 3 - Traffic Court

1. Traffic Court shall proceed under the standard criminal burden of beyond a reasonable doubt.
2. Traffic infractions cannot be appealed via the court docket and must be handled in person.
3. Citizens or their legal representatives may request a Bench Trial upon receipt of a traffic ticket or shortly thereafter.
4. If the issuing officer is unavailable, the citizen shall have up to fourteen (14) days to appear concurrently with the officer to request a hearing.
5. Should the officer fail to attend court without adequate reason, the charge may be dismissed for failure to prosecute.

Section 4 - Appeals

1. Every citizen has the right to appeal any conviction unless the case was dismissed or adjourned with prejudice.
2. Appeals must be filed within thirty (30) days of the original ruling.
3. In initial criminal appeals, defendants are presumed innocent, and the prosecution bears the burden of proof.
4. Cases dismissed or adjourned without prejudice may be appealed within fifteen (15) days. In such cases, the defence bears the burden to prove innocence on the balance of probabilities.
5. Each case may only be appealed once.
6. Judicial appeals are permitted only to challenge legal errors or precedents, not to retry the accused.

Section 5 - Civil Trials

1. Civil cases are initiated by a plaintiff alleging a wrongful act by a defendant resulting in measurable loss.
2. Civil cases are assessed under the burden of proof on the balance of probabilities.
3. Except for Small Claims, civil matters must be filed on the docket and formally scheduled.
4. Small Claims (up to $50,000) may be heard immediately at judicial discretion.
5. If the respondent is a Judicial Officer, they must be named individually; the DOJ itself may not be named as a defendant. This exception is to protect it's constitutional mandate of preserving citizens rights to due process.

Section 6 - Held Until Trial (HUT) Provisions

1. Individuals subject to Held Until Trial (HUT) status may be detained for up to twenty-four (24) hours pending arraignment, extendable only with judicial approval.
2. All defendants must be afforded the opportunity for bail, unless explicitly denied by a Justice.
3. Arraignment occurs upon judicial review or when bail conditions are approved on the docket.
4. Charges must be filed within seventy-two (72) hours of detainment.
5. Standard bail conditions include restrictions on residence, substance use, weapons, association, and conduct, as well as full cooperation with the Court.
6. Bail may only be revoked or modified by the presiding Judge or Justice.
7. Failure to comply results in remand to Bolingbroke Penitentiary until trial under HUT status.

Offences eligible for HUT designation include:

• Murder of a Government Employee (HUT)

• 1st Degree Murder (HUT)

• 2nd Degree Murder (HUT)

• Manslaughter (HUT)

• Attempted 1st Degree Murder (HUT)

• Torture (HUT)

• Weapon Trafficking (HUT)

• Weapons Manufacturing (HUT)

• Terrorism (HUT)

• Attempted Terrorism (HUT)

• Aiding or Abetting Terrorism (HUT)

• Attempted Aiding or Abetting Terrorism (HUT)

• Treason (HUT)

• Illegal Exhumation (HUT)

Section 7 - Fruit of the Poisonous Tree Doctrine

1. Evidence obtained directly or indirectly through illegal, unconstitutional, or procedurally defective means shall be deemed inadmissible in any judicial proceeding.
2. This includes evidence derived from unlawful searches, seizures, detentions, interrogations, or any act violating due process or constitutional protections.
3. Exceptions apply only where the State can demonstrate one of the following:
   • The evidence was discovered through an independent legal source unconnected to the original illegality;
   • The evidence would have been inevitably discovered by lawful means; or
   • The connection between the unlawful act and the evidence obtained has become sufficiently attenuated by lawful, intervening circumstances.
4. Any violation of this section shall require the immediate suppression of the tainted evidence and may render any subsequent evidence derived from it inadmissible under judicial discretion.
5. The burden rests upon the prosecution to prove, by clear and convincing evidence, that an exception to this doctrine applies.

Section 8 - Writ of Habeas Corpus

1. A Writ of Habeas Corpus may be filed to request the release of a person held without formal charges.
2. Approved investigative holds authorised by a Judge or PD Command are exempt.
3. The writ applies where an individual has been held for more than seventy-two (72) hours without docketed charges.
4. Such petitions must demonstrate unlawful detention or denial of due process.

Section 9 - Investigative Holds

1. PD Command may authorise investigative detainment up to twenty-four (24) hours.
2. Extensions beyond this require judicial approval and may not exceed seventy-two (72) hours total.
3. Investigative detention must be based on reasonable suspicion and conducted in good faith.

Section 10 - Common Law of San Andreas

1. All Judicial Officers, attorneys, and law enforcement personnel shall adhere to Common Law precedents established by the DOJ.
2. The DOJ shall maintain a public register of recognised Common Law decisions.
3. Only Justices may establish binding Common Law precedents, including:
   • Tennessee v. Garner (1985)
   • Terry v. Ohio (1968)
   • Pennsylvania v. Mimms (1977)
   • Wyoming v. Houghton (1999)
   • Carroll v. United States (1925)
   • Miranda v. Arizona (1966)
   • Rhode Island v. Innis (1980)

Common Law may arise from any judicial proceeding, whether civil or criminal.

Section 11 - Trial Outcomes

1. Guilty: The accused has been proven criminally liable beyond a reasonable doubt or through an accepted plea.
2. Not Guilty: The accused is acquitted of all charges.
3. Mistrial: Proceedings are terminated without a verdict and may be rescheduled.
4. Civil outcomes may include monetary, punitive, or restorative damages, asset forfeiture, or other equitable relief.

Section 12 - Sentencing Hearings

1. In Grave Offence cases involving potential life imprisonment or death penalty, sentencing may be deferred to a separate hearing.
2. Both parties may deliver impact statements, including victims or family members, followed by allocution from the defendant.
3. The presiding Judge or Justice shall deliberate and issue the sentence thereafter.

Section 13 - Death Penalty

1. Defendants sentenced to death may file one appeal regarding verdict or sentence.
2. Upon exhaustion of appeals, a date of execution shall be set by the sentencing Judge or Justice.
3. Execution shall be carried out by firing squad until further methods are legislated.

Section 14 - Attorney-Client Confidentiality

1. Attorney-client privilege protects all confidential communications related to legal representation.
2. This extends to verbal, written, and electronic communications, and to legal aides and paralegals under an attorney’s direction.
3. Privileged material obtained through subpoena shall be sealed and deemed inadmissible if found protected.

Section 15 - Double Jeopardy

1. No individual shall face prosecution twice for the same criminal incident.
2. Exception - Delayed Death Clause: If a victim later dies from injuries sustained during the original incident, the matter may be refiled under applicable homicide charges.

Section 16 - Maximum Sentences for Non-HUT Cases

1. Sentences for non-HUT cases arising from a single incident shall not exceed 150 months of incarceration, unless:
   • The offence qualifies under the Held Until Trial Provisions;
   • The sentence results from a judicial ruling; or
   • The offence involves contempt or violation of court order.

Section 17 - Expanded Rights and Protections

1. Defendants cannot be compelled to self-incriminate. If they testify voluntarily, they must answer truthfully under oath.
2. All citizens are presumed innocent until proven guilty.
3. Every citizen has the right to legal counsel when available.
4. Laws apply as written on the date of the alleged offence; retroactive liability is prohibited.

Section 18 - Conflict of Interest

1. Judicial approval of a search warrant does not automatically disqualify that Judge from presiding over subsequent related proceedings.
2. Claims of conflict in representation shall be resolved solely by a Judicial Officer.

Section 19 - Criminal Asset Forfeiture

1. Citizens retain the right to property unless proven that the property was used in or obtained through criminal acts.
2. Forfeiture proceedings must be filed by law enforcement and heard before a Judge or Justice.
3. Upon proof beyond a reasonable doubt, forfeited assets may be auctioned, with proceeds distributed as follows:
   • Vehicles and goods: retained by the DOJ for state purposes.
   • Real estate property: retained by the DOJ for state purposes.

Section 20 - Summary Judgement on Unscheduled Cases

1. If a case remains unscheduled for thirty (30) days, it may be opened to other Judicial Members for summary judgement.
2. Opposing counsel must be granted seventy-two (72) hours to provide closing arguments.
3. The ruling Judge must issue written reasoning upon verdict.

Section 21 - Scheduling of Proceedings

1. Where disputes arise, scheduling of court cases, hearings, or impeachments shall prioritise either the respondent’s availability or the timing of the incident in question.

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Signatories:

• Justice Bailey Harvey
• Justice Peter Brackley
• Justice Mina Mercy
• Justice James Anderson