Highlander

A race from the base species of Mig.

## Legal System

While similar to most judicial legal systems the Highlandic Courts have more conversation than one person speaking at everyone in defense or accusation. The Judge and the Jury ask the Lawyers questions to the things they have said. It is the lawyers job to be ready to answer any question regarding the case.

### Arresting or Detaining

Arresting and detaining are two exclusive legal acts. Arresting is when someone has been suspected within reasonable standards to be guilty of some Criminal Act, and a legal official (Being an officer, a guard, or even attorneys) have the proper paperwork to detain and bring the person to jail. Detaining someone is for when a legal official (Being an officer, a guard, or even attorneys) or regular civilian, sees someone commit and a crime and withholds them and any witnesses of it.

#### Arresting

Arresting someone is only done when a judge(or judges) have filed out paperwork deeming enough evidence has been gathered to bring a suspect into court. Judges must have the paperwork provided by the political justice system proving they have evidence and that the person needs to be taken to court to decide if guilty or not guilty.

After being formally arrested by a legal official the suspect will be held in either a jail cell (Formally called Contempt), or The Court's Room. Where the suspect will go is decided by the judge who filed the paperwork, and can be changed at any time.

#### Detaining

Detaining is normally done by a Legal Official, but can be done by regular citizens. To legally detain someone the "detainer" must have seen the Suspect of committing a crime, and is holding them until they can get a legal official to arrive. If a legal official has detained someone, they are allowed to hold said suspect for up to 72 hours in either Contempt or The Court's Room, as long as they are either gathering evidence, gathering witness statements, or are working towards making a formal arrest.

Witnesses can be detained to gather a testimony for up to 6 hours, and my not be help in contempt. After that point they are free to leave at any time.

### Segments

Segments are the Highlanders way of breaking up court sessions so that lawyers, judges, defendants, and jury members (if they are present) can reflect on the information. Judges have all the evidence on a list by the end of the first segment and share it with both the defendants and the plaintiffs while all evidence may not all be evident to the jury.

* **Segment 1:** The first segment is where each side states their case and the evidence they have circumstantial or not, without the use of any witnesses. Banter is normally had between either the Procicutions Lawyer and the Accused and/or the Lawyer and the Accused's Lawyer although it can be had by the Judge and the Jury1\* (If the jury are present). This is so each the plaintiff and the defendant may review any of the evidence brought up. Any evidence not mention in this segment will be thrown out in later cases except for evidence that had just come forth due to investigation or new discoveries 2\* based on new witnesses or witnesses' lies 3\*. This segment ends when all members of the court have left the room, either by their own free will or by force. The jury will leave first and then the lawyers can share all evidence with the Judge so he may share it between both lawyers.
* **Segment 2:** In the second segment banter is commonly had by all in the court, but focuses on the jury. Witnesses are called, evidence is displayed to the jury, and all evidence shown is recorded by either writing it down or physically keeping the item. While it is common for all in the court to discuss and ask questions most often it is done for the jury. The judge at this point has already reviewed the evidence and has a basic idea of what most of the evidence means.
* **Segment 3:** This is the third and last segment for any type of discussion between the court. This Segment is done primarily to convince the Judge to see both the Plaintiff's and the Defendant's Point of view. The jury must now keep quiet and only listen unless they find a piece of contradicting evidence, the punishment for not keeping quiet is determined by the judge but the maximum is time in contempt until 24 hours after the Court hearing has ended. The only ones allowed to talk are the lawyers, the defendants, the Plaintiffs, and the Judge.
* **Segment 4:** In the last segment the Jury and the Judge give their verdicts. It is quite possible for the verdicts from both the Judge and the Jury to contradict. In this case certain rules are in place to identify what the defendants punishment will be 4\*. The only case for retrial is proof that someone in the jury or the judge him self has been persuaded or corrupted to give a false verdict. If the Jury or the Judge feel as though the verdict that will be given is a incorrect verdict they can pass on the case the the Highest court

**\*Footnotes:**

1. (1\*)Traditionally Segment 1 is done with the Prosecution's Lawyer, the Judge, and the Accused with or without a Lawyer if one will work for the Accused. A jury can be demanded to be present to avoid obvious corruption and conspiracy if the Accused believes there is one.
2. (2\*)When new Discoveries are brought forth to the Judge the Judge can determine whether or not it is relevant to the case. If he deems that it is necessary then the case will be "reset" onto Segment 1 and a new jury as well as judge will be selected.
3. (3\*)When a witness lies of their own free with and is not being persuaded by a lawyer or other external force such as but not limited to, Violent Threats, Abducted Relatives, Attempted Murder, Repeated Harassment, or Bribery the witness with then be sent to Contempt to face a court hearing of their own immediately after the hearing of the one they had lied for or about, their testimonies will be thrown out as well and no longer usable for the remainder of the court hearing. If a Highlandic Lawyer is caught using any of these methods in order to get the desired testimony from the witness he will be tried for the Fabrication of Evidence which punishment is based on the crime the court was determining a verdict for. The imprisonment of a lawyer regarding a suspects case will stop any hearing and all evidence gathered by this lawyer or lawyer's team will be thrown out and the suspect released for a minimum of 24 hours free to do as he pleases without any restrictions to his freewill (except of course the law). If a defendant who is not registered as a Highlandic Lawyer commits these crimes they will receive 12 months in jail (on top of what ever was determined by the court regarding his case) as well as an education in the laws of the Highlandic court. If the crime is ever committed again by the same person who was in fact educated in Highlandic law (Must be the full course) they will be charged the same as a Highlandic Lawyer.
4. (4\*) In the event of a difference between the Judge and the Jury the Average of the two verdicts will be what is spent. Such as if the Judge deems the Defendant to only 30 years but the Jury finds him only guilty enough to serve 20 years time spent in jail would be 25. In the event of a difference between the Judge and the Jury regarding the death penalty the lesser punishment will win out. Such as if the Judge deems the Defendant to only 20 years but the Jury finds him guilty enough to be charged with murder, the 20 years would win out and that time would have to be served. In the case where one of the verdicts is that the defendant is exonerated while another is 20 years the time spent in jail would be halved and would only be 10.

### How to Become a Lawyer

Inorder to become a lawyer you must be educated in the laws of the Highlandic people. A test will be made to assure you know them. Once this has been passed you will prove you can be a lawyer by doing so. You can pick what case you want to either occuse or defend on and based on your performance the judge will deem if you are worthy. once you have become a lawyer you are than held to higher accountability of the law. Your punishments are likely to be more sever due to your pure understanding of them and that you knowingly and willingly broke them.

## Customs

Things the Highlanders do, often and is considered common in their society even if not all practice it.

### Legal Customs

When detained it is custom to stay even after 6 hours of being detained to give your statement. If you don't it is considered suspect, and highly frowned upon.

When a suspect is moved from contempt to The Court's Room, it is custom that they are believed to be falsely accused or when the case is over and the court has to file the paper work before they can be set free.

If the Judge deems it unjust to hold someone in contempt they traditionally announce so, and provide the suspect with a traditional Highlander meal and a good book as an "apology" for them being held in contempt in the first place.