Mutual Combat and Trial by Combat Legislation
Introduction This legislation establishes a legal framework for individuals to voluntarily resolve disputes through physical combat under judicial supervision and medical oversight. This Act ensures fairness, safety, and respect for due process while providing an alternative method for conflict resolution within the bounds of the law.
Constitutional Justification This legislation is grounded in the principles of fair trial and due process as set forth in Article III of the Constitution. By allowing disputes to be resolved through voluntary combat under judicial oversight, this legislation provides an alternative method for achieving justice while safeguarding the rights of all participants. The legislation ensures that all parties are given a fair and equal opportunity to settle their disputes, with the protection of judicial authority and medical oversight to maintain fairness and due process throughout the proceedings.
Article 1: General Provisions
- Any two individuals of sound body and mind may engage in mutual combat under the terms of this Act, provided they follow the procedures outlined herein.
- Mutual combat may also be used as a legally recognized method for resolving disputes, including the determination of civil and criminal trials, if both parties consent to resolve the matter through combat.
Article 2: Petitioning for Mutual Combat
- Individuals wishing to engage in mutual combat must seek approval from a sitting Judge/Justice.
- The Judge/Justice will review the request and approve or deny it based on the physical fitness, mental competence, and voluntary consent of both parties.
- The request may also include a nomination of a combatant to fight on behalf of one or both parties, should either party wish to nominate a champion.
- The Judge/Justice may set a time and place for the combat at their discretion.
Article 3: Agreement to Terms
- Both parties must agree to the terms of mutual combat in a courtroom setting, where the Judge/Justice will formally swear them in.
- If champions are nominated, the combatants must affirm their willingness to fight on behalf of their nominator and be subject to the same rules as if the original party were fighting.
- All parties involved must explicitly agree that the combat is voluntary, and the outcome will be binding, particularly in the context of dispute resolution.
Article 4: Combat Rules
- The combat shall consist of barehanded combat only. The use of any weapons, including improvised weapons, is strictly prohibited.
- The fight will continue until one party is incapacitated. Intentional strikes delivered after incapacitation will result in criminal charges for assault and battery.
- The Judge/Justice will oversee the combat to ensure that the rules are followed and will have the authority to call an immediate halt if the fight becomes dangerous beyond the scope of the agreement.
- If any party violates the rules, the Judge/Justice has the discretion to declare the violator the loser of the combat and issue legal consequences.
Article 5: Safety Protocols
- A certified EMS professional must be present during the combat to provide medical assistance should either combatant become injured or incapacitated.
- The combat may not proceed until the medical personnel have confirmed that both combatants are fit to fight.
- Should a combatant become incapacitated, the medical professional on site will determine the necessity of treatment and may override the combat agreement for safety reasons.
Article 6: Trial by Combat
- By mutual agreement, two parties may resolve any legal dispute, whether civil or criminal, through trial by combat.
- Both parties must voluntarily agree to trial by combat as the method for resolving their dispute in place of traditional litigation or trial proceedings.
- If the dispute is civil, the victor of the combat will be awarded the resolution sought in the original claim.
- If the dispute is criminal, the victor of the combat will determine the guilt or innocence of the accused.
- If the accused win, they shall be found not guilty. If the accused were to lose, they would be found guilty.
- The Judge/Justice will have ultimate discretion to approve or deny a request for trial by combat, ensuring that the dispute is one that can reasonably be resolved through combat.
- Each party may nominate a champion to fight on their behalf. Champions must agree to the same rules as the original combatants and cannot be forced to participate.
Article 7: Oversight and Decision
- The presiding Judge/Justice will serve as the final arbiter of fairness in all mutual combat or trial by combat situations.
- The Judge/Justice may issue rulings on the conduct of the combat, declare a winner, or disqualify combatants based on violations of the agreed upon terms.
- The Judge/Justice’s decision at the conclusion of the combat will be binding and may not be appealed in any legal proceeding.
Article 8: Prohibited Uses
- Mutual combat or trial by combat cannot be used to resolve disputes involving heinous acts.
- Combat involving firearms, knives, or any other weapons, including improvised weapons, is strictly prohibited.
Signatories:
- Justice Bailey Harvey
- Justice Peter Brackley
- Justice Mina Mercy
- Justice Tess Timony
- Justice James Anderson
