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Molotov

Official Launch of the Enhanced Judicial System

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  • Executive

Justice System Update

Welcome to the launch of the expanded court system on OzzyGaming. I will be outlining how the system is formally changing. This is aimed at improving roleplay and providing more recourse options for characters. This is designed to be at the more serious end of roleplay available and hopefully quite enjoyable for everyone involved, but it is still roleplay and not strictly true to real life.

This system is being rolled out presently so some server-side coding elements may not be fully in place for a while. Depending on how effective this is and the feedback we receive we will make adjustments to this but this is the formal starting point.

1.0 - Whitelisting

Lawyers will either be a member of a whitelisted firm or an independent practitioner via the DOJ. Law firm members are expected to be more consistently active and available, much like all other whitelisted businesses. Independent practitioners are more casual positions if desired but some level of availability is expected, especially if requested for a specific case (or similar).

DOJ whitelisted ranks are:

0 - Junior Lawyer (Two-week probation)
1 - Lawyer
2 - Judge* 
3 - Law Council Member

* - All judges must be members of the DOJ and no longer affiliate with any group or firm. 

2.0 - The Law Council

This is the governing body for all lawyers and judges, this council is made up of senior lawyers in the DOJ and senior lawyers from approved law firms. Council members in the DOJ are responsible for whitelisting DOJ members. Partners of each law firm are responsible for their membership.  Minor disciplinary issues may be handled by the respective senior members. 

The full council is responsible for appointing new judges to the court and will adjudicate any serious misconduct.

They may use the following sanctions in the event of an upheld complaint:

  • Warnings
  • Fines/compensation up to $250,000 against an individual
  • Fines/compensation up to $500,000 against a firm (Only used where misconduct involves multiple members of the same firm)
  • Temporary suspension
  • Removal

Members are appointed by government officials and are not permitted to be corrupt.

Initial Law Council members: Mitty, PandaKazii, Nicatude and Boss.

3.0 - Judges

Judges form the backbone of the court system and are directly responsible for fair, sensible and lawful court proceedings. They have the authority to impose sanctions and rulings based on the cases presented to them within the bounds listed in section 6.0 and 7.0. 

Judges are not permitted to be corrupt and must abstain from participating in cases where they (or their associates) have significant vested/related interests in the proceedings - disputes on this will be evaluated by the Law Council (excluding the person if they are a member). Judges are able to accept any case (except those excluded due to the previous point) and any cases where no judge is willing to accept, the Law Council will vote to assign a judge after evaluating if the case should proceed.

Judges are required to maintain courtroom decorum and evaluate cases in an equitable fashion. They must give all parties a reasonable chance to state their case, evidence and reasoning. They must rule on the evidence presented and the quality of the argument, ignoring any preconceived ideas or OOC knowledge of the case. Their judgements are final. Appeals will only be heard if suitable evidence is provided that material information was omitted/misrepresented or the circumstance warrants (such as a miscarriage of justice). In extreme cases, the government may order a retrial.

Judges are not permitted to be (or be related to a person who is) a member of the Criminal Investigation Division of the NSWPF. They also cannot be a member of an organisation or business nor related to senior members (Owners, Leaders, Managers etc) of these entities either.

4.0 - Lawyers

Lawyers are individuals available to represent people in court or during police processing. Lawyers are able to conduct business on their own or as a member of an applied-for firm. They must be accepted to the bar (whitelisted) in either the DOJ as a sole practitioner or an approved firm. In order to become a lawyer the following minimum requirements must be met:

  • The individual must not have a criminal record (excluding traffic violations)
  • Have no outstanding fines due
  • Able to demonstrate a firm understanding of OzzyGaming law and relevant documentation
  • A reputable person with a minimum of 100 hours on the island (or considerable relevant experience IRL/elsewhere)
  • A firm understanding of police procedure and limitations (Legal, literal and game mechanics)
  • Able to demonstrate reasonable maturity
  • No major government violations within 3 months - unless with approval from a government official
  • Must not be (or have been) blacklisted from EMS or Police - unless provided an exemption by a government official

Lawyers are not merely people who like to argue and draw out situations. They must show good judgement while representing their client and not be unreasonable with the other parties. They must be able to form sensible and reasonable arguments to support their case or dispute the case by the opposing side without resorting to immature screaming matches or similar.

Payment for legal services rendered is advised to be agreed on before any action is taken and the responsibility of the party engaging their services - win or lose. The exact terms, amounts and conditions are to be worked out between the parties. Both parties must conduct this discussion and agreement honestly and prompt payment is expected - failure to pay may be brought to government as a case for repossession of assets to the approximate amount - plus fees.

4.1 - Lawyers: Court Cases

For a lawyer to be utilised in court, the party must engage the lawyer themselves, the court does not have to provide a lawyer. Individuals are able to represent themselves if they prefer - though this is ill-advised. Multiple lawyers may be used by parties in court but there must be a lead lawyer who is responsible for the side's case, and able to provide formal agreement to terms and/or requests on behalf of their client.

4.2 - Lawyers: Police Processing

For a lawyer to be utilised in defence against a member of the police force (during police processing) they must clearly state to the officer that they are getting a lawyer. Police are not required to provide a lawyer, this must be arranged by the individual. The following restrictions apply and police cannot refuse a lawyer unless one of these is breached:

  • Upon requesting the use of a lawyer the individual must be able to provide the name of the lawyer to the processing officer (within 5 minutes) - if no lawyer is available to respond within this time the processing is to continue as per usual
  • Lawyers cannot be requested more than once during a situation and only one lawyer may be utilised
  • The lawyer must have passed the bar (been whitelisted) and be dressed appropriately for their role
  • The lawyer must present themselves at the relevant police station within 15 minutes of the request being made (Reasonable extensions due to game crashes including queue or vehicle accidents are permitted)
  • The lawyer must clearly identify themselves and produce their credentials
  • The lawyer must submit to a search (if requested) and if found in possession of a weapon (including licensed) may be refused access to their client. They may leave their weapons in their car or with an officer (Note: if the officer’s game crashes and the weapon is deleted by the automatic scripts, no compensation will be given)
  • The lawyer must make all reasonable efforts to work with police and negotiate sensibly, they must not make any unreasonable requests of police (such as demanding excessive evidence for minor offences or deliberately asking for things which they know are not possible - tolerance must be extended to officers who don’t record everything)
  • Police must, in turn, return the same courtesy 
  • Lawyers are there to assist their clients but they are not there to exclusively clear them of all charges and refuse any other resolution
  • Lawyers must consider reasonable evidence and accept that not all cases can be argued successfully - they shouldn’t expect to ‘win’ every case nor will every case result in a change in charges
  • Police must also accept that not all cases will result in full charges and should make reasonable efforts to roleplay sensibility
  • In the event no resolution is reached, the officer is to request the duty commanding officer to assist. If still, no resolution is able to be reached then the officer may charge the individual as per standard police procedure - it remains up to the individual (or lawyer) if they would like to report the officer to PSC and/or relitigate the issue in court, they may make a court booking if they wish too.

In the event of poor behaviour by an officer, a PSC report should be lodged. No case based on police misconduct should go to court before a complaint to PSC is made (Irrespective of outcome). In the event of poor behaviour by the lawyer see section 2.0.

5.0 - Court Proceedings

All court cases must be requested via the booking system on the forums. A court case can be bought against another individual or entity only with the express agreement of both parties (or if authorised by a government official). The refusal must have a reasonable basis which will be decided by the government in the event of a dispute. Individuals who abuse the court system or place numerous petty or time-wasting cases may have their right to court revoked.

Court cases involving major figures with large followings (Twitch streamers, organisation leaders, organisations, business owners or businesses) may be conducted on a second whitelisted server with each party providing the list of attendees to the government a suitable time ahead of the trial to be whitelisted. This is to reduce trolling and interruptions, when this whitelisted server is in operation it is to only be used for the express purpose of the court case and no other roleplay.

The courthouse is a green zone at all times.

The presiding judge is responsible for overseeing the trial, maintaining order and ruling at the end - which is binding for all parties. Appeals to rulings must be submitted within 24 hours to the Law Council with a significant reason (losing is not a significant reason…)

Individuals who are to be processed by police are permitted to request a court trial for a charge that will result in 15 (or more) months imprisonment and/or $50,000+ of fines - a judge may reject a request for court if the base claim is too petty or considered a waste of time. Police Cabinet shall appoint a prosecutor which may be an officer or alternate lawyer at their discretion.

6.0 - Expanded Court Powers

In the case of a criminal trial, the court has extended powers to punish offenders found guilty in addition to their power to commute, modify or dismiss charges against an individual.

  • Level a maximum jail term of 40 months for any crime
  • Dispense fines up to a maximum of five times the standard fines from the police law book
  • Order immediate payment of fines, compensation/reparations and damages
  • Order the seizing of assets if the individual is unable to pay in full
  • Arrange alternative payment options or terms, as applicable, which are binding and will be held as binding by government officials

7.0 - Maximum Compensation

In cases with a demand for compensation, reparations or damages: they must be proportional to the losses endured and some evidence to support these claims must be provided to the court. These values include the covering of any legal fees or costs incurred.

 

Plaintiff/Appellant

Defendant/Respondent

Maximum Value

Police

Organisation

$1,000,000

Police

Business

30% of funds at the time of the summons

Police

Individual

40 months and/or five times original fine

Organisation

Organisation

$1,000,000

Organisation

Business

$1,000,000

Organisation

Individual

$250,000

Organisation

Police

$2,000,000

Business

Organisation

$1,000,000

Business

Business

$1,000,000

Business

Individual

$250,000

Business

Police

$2,000,000

Individual

Organisation

$500,000

Individual

Business

$500,000

Individual

Individual

$250,000

Individual

Police

$500,000

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It has been a journey of ups and downs but it is great to read this and see it all finally come to fruition. Thank you and massive shout outs to Boss, Molotov, Pandakazii and Mitta for all the time spent working on it, dealing with my questions and expectations as well as agreeing to give this an opportunity to become something official for the community.

See you all in court

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On 11/7/2020 at 10:24 AM, nicatude said:

It has been a journey of ups and downs but it is great to read this and see it all finally come to fruition. Thank you and massive shout outs to Boss, Molotov, Pandakazii and Mitta for all the time spent working on it, dealing with my questions and expectations as well as agreeing to give this an opportunity to become something official for the community.

See you all in court

 

look forward to seeing Trevon around town and in courts mate.

Edited by roobr
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