Archive:Rules of Criminal Procedure

**THE UNIVERSAL TRIUMVIRATE RULES OF CRIMINAL PROCEDURE**
**12.23.11 | 6.9.13**
Arnold Ogamon, Major Executive, Chief Attorney, Senior Executive

**A Law** for outlining the exact procedures of criminal trials within the Triumvirate.

**CONTENTS:**

Introduction

I: Definitions

II: Classification of a Criminal Trial

III: Submitting and Initiation

III-1: Applicability of a Case
III-2: Court Affirmation of the Case
IV: Arrest

V: Pretrial Occurrences

V-1: Agreement Under Law
V-2: Selection of Counsel
V-2-1: Prosecuting Counsel
V-2-2: Defending Counsel
V-3: Creation of the Case File
V-4: Pretrial Questions
V-4-1: Pretrial Pleas
V-5: Witnesses
V-5-1: Approval of Witnesses
V-5-2: Subpoenas
V-5-2-1: Witness Absence or Lack of Response
V-5-3: Witness Statements
V-6: Evidence
V-6-1: Approval of Evidence
V-7: Release of Records
VI: Case Opening

VI-1: Judicial Proceedings
VI-2: Opening Statement of the Prosecution
VI-3: Opening Statement of the Defense
VI-4: Presentation of Charges
VI-5: Pleas
VII: Examination of Charges

VII-1: Prosecuting Direct Examination
VIII-1-1: Defending Cross Examination
VIII-1-2: Motion to Require a Finding of Not Guilty
VII-2: Defending Direct Examination
VIII-2-2: Prosecuting Cross Examination
VII-3: Judge Questioning
VII-3-1: Concluding Judicial Questioning
VIII: Concluding Statements

IX: Verdict of Charges

X: Verdict of Sentence

XI: Post Trial Occurrences

XI-1: Finalizing the Case File
XII: Other Rules

XII-1: Objections
XII-2: Recesses
XII-3: Expert Witnesses
XII-3-1: Challenge of an Expert
XII-4: Absences
XII-5. Amicus Curiae Briefs and Opinions
XII-6. Immunity
XVI-6-1. Agreement of Immunity
XVI-6-2. Approval of Immunity
XVI-6-3. Rules of Immunity
XVII: Failure to Comply

**Introduction:**

To bring order to the courts, the Universal Triumvirate Rules of Criminal Procedure are written. All rules for criminal trials should be properly displayed in this law.
**I. Definitions:**

* Head(s) of the Court: The Judge(s) or Justice(s) presiding.
* Government attorney: An attorney working under the Department of Justice whose purpose is to defend the Triumvirate in court. The Chief Attorney and Deputy Chief Attorney are both included in this. This can also be defined as a "District Attorney".

**II. Classification of a Criminal Trial:**

A criminal trial shall be defined as a trial in which it is society against a group, institution, or individual. There shall be two parties in each criminal trial. The prosecution or plaintiff, always The Universal Triumvirate, shall be the challenger against the defending party, the one whom the government or society believes has committed a crime within the Triumvirate. Charges valid in a criminal trial must be crimes named by Triumvirate law.
**III. Submitting and Initiation:**

The prosecution (the Universal Triumvirate), which the Triumvirate Department of Justice is acting for, must submit the desired case information to the lowest court available. Criminal cases may only be submitted by the Chief Attorney, Deputy Chief Attorney, or either at the command of the Executive Branch. The information included in their submitting of their desired case must include at least the party who will be challenged, basic case facts, and what they intend to find the defendant guilty of.
**III-1. Applicability of a Case:**
Once submitted to the court, the court head(s) may decide to terminate the case (if there is more than one head it shall require at least a majority of the heads to make a decision) under the ruling that it has no basis for a trial. If done, the case may be appealed to a higher court through the standard appeals process and only if the higher court takes the case shall it proceed. If the case is stopped under this basis by the court the case is cancelled and no case shall take place. No case file shall be made, no party must pay any punishment to the other, no fees or bargain must be given to either party, and the status quo ante shall be restored.
**III-2. Court Affirmation of the Case:**
If the case is not declared to have no basis and shall go to court, the court it is submitted to shall take it up. Once they do so, they must promptly send a letter to the Chief Attorney of the Universal Triumvirate who then will begin their further preparation for the case.
**IV. Arrest:**

Once the head(s) of the court the case will be heard at send their letter to the Chief Attorney, the Triumvirate Department of Justice must send a letter to the institution, group, or individual who is being challenged in the case within five days. The letter must contain what they are being arrested for and details on why. Once the letter is sent, the receiver(s) is/are officially under arrest. See the Universal Triumvirate Rules of Arrest for details of procedure of arrest.
Once under arrest, the defendant is under the agreement of law that they will participate in the court room as a decent person and with proper respect for the law. They shall also carry out the full sentence assigned to them and perform as expected to behave in court. The Universal Triumvirate, as the prosecution, also falls subject to this agreement.
**V-2. Selection of Counsel:**
Both the prosecution and the defense may select their counsel who shall speak for them in the case.
**V-2-1. Prosecuting Counsel:**
The Chief Attorney or the Deputy Chief Attorney must select a government attorney (including either the Chief Attorney or the Deputy Chief Attorney) to act as the prosecuting counsel for the case. The Executive Branch may also assign an attorney under the Department of Justice to act as the prosecuting attorney for the case.
**V-2-2: Defending Counsel:**
The defense does not have to have counsel but it should be strongly advised. They may hire their own counsel or find a contact willing to assist them in their defense. Otherwise they must defend themselves in the court, the court shall make it clear how things should be done if this is the case.
**V-3. Creation of the Case File:**
The Department of Justice must create a public case file in which all unbiased, logically and rationally based information about the case including but not limited to the court being heard in, the name of the case, names of each party and their attorneys. It should follow the same format as all other court case files.
**V-4. Pretrial Questions:**
Once the defendant has been arrested, the Department of Justice may ask the defendant questions before the trial and use anything they say against them in court. They must make it clear that this is the case before they ask the defendant any questions and the defendant may refuse to answer any questions in this manner.
**V-4-1: Pretrial Pleas:**
The prosecution may contact the defense and ask them to make a pretrial plea. If a pretrial plea of guilty is made to all or some of the charges against them then the witnesses and evidence involving those charges should be dropped. This plea is formal and recognized as official, it cannot be taken back once the defense responds with how they will plea to the prosecution. If the prosecution does not contact the defense and ask them to make a pretrial plea or the defense doesn’t respond to the pretrial plea the case will continue as normal.
**V-5. Witnesses:**
In order for each party to submit witnesses in the case at hand, they must put a list of witnesses together with all relevant details on who the witness is, why they would be a witness in the case, contact information, and other qualifications. Witnesses should be excluded if they would not give reasonable evidence for either side.
**V-5-1. Approval of Witnesses:**
Once a list of witnesses from each party in the upcoming trial is sent to the head(s) of the court where the case will be heard, the head(s) must approve the witnesses individually. If a majority of the head(s) approve of a witness then the witness shall be heard. If the same witness is requested by both sides, the court must approve the witness for both.
**V-5-2. Subpoenas:**
Once the head(s) of the court decide which witnesses shall participate in the case, they must send a letter to the Department of Justice including a list containing the name of every approved witness. The Department of Justice must then send a letter to each witness, a subpoena, explaining that they are hereby required to participate in the upcoming court case. The name of the court case, relevant information, which side they will be a witness for, and why they are being selected must be included in the subpoena. Once the witness responds to the Department of Justice announcing their intentions to participate willingly in the court case, they shall be referred to either the prosecution as a prosecution witness or the defense as a defending witness as they were originally requested. If a witness is to be used by both sides directly, the witness will receive a subpoena with that information as well. The person receiving the subpoena is required to be able to enter the case at any time during its procession.
**V-5-2-1. Witness Absence or Lack of Response:**
If a witness does not respond within seven days to the Department of Justice about the subpoena or the witness states they will not participate in the court case, the witness shall be guilty of avoiding court and excused from participation from the case at hand.
**V-5-3. Witness Statements:**
Once a witness is made aware of their imminent participation in the upcoming case at hand, the side they may be asked by the party (defense or prosecution) they will be a witness for to create a witness statement. This is not required but should be encouraged. This witness statement should include everything the witness has to offer about the case at hand and their role in it.
**V-6. Evidence:**
Each party must put together a showcase of evidence they intend to use in the case at hand and send it to the head(s) of the court.
**V-6-1. Approval of Evidence:**
The head(s) of the court, once receiving the evidence list from each party must individually approve each piece of evidence. All evidence should be relevant to the case, not unreasonably obtained, not confidential, and suitable for the case. The court head(s) should then send each party the list of approved evidence.
**V-7. Release of Records:**
Once all evidence, witness lists, witness statements, pretrial questions, and other relevant initiation information for the case is compiled and ready, each party must send all records to the other party so that each party has equal access to all relevant case information. Once this is done both parties should send a letter to the court head(s) stating they are ready for the trial to begin.
**VI. Case Opening:**

Once each party has sent a letter to the court stating they have done the necessary preparation and are ready for the trial to begin, a head of the court should begin the case.
**VI-1. Judicial Proceedings:**
A head of the court where the case shall be heard may start the case by beginning a thread for it. The opening of this thread should include the case name, date it is beginning (the date the thread is started on), each party in the case, any other relevant information, and a reminder that henceforth, everyone in the court (including each party and all other witnesses) is required to obey all trial laws and speak the truth in court. The head(s) of the court should then state they are ready to hear the case before any actions begin. Once that has all been done, a head of the court should instruct the prosecution to begin their opening statement.
**VI-2. Opening Statement of the Prosecution:**
Once invited to give the opening statement by a head of the court where the case is being heard the prosecution may give their opening statement. The statement should include an introduction of who they are, their version of the events that occurred, a statement of all charges against the defense, and any charges the defense plead guilty to during the pretrial questions.
**VI-3. Opening Statement of the Defense:**
Once the prosecution finishes their opening statement the defense must make theirs. Their opening statement should include an introduction of who they are (both the client and the counsel and any other relevant parties) and their version of the events.
**VI-4. Presentation of Charges:**
Once both parties have given their opening statement a head of the court must ask for a full list of all charges (already partially listed in the opening prosecution statement) that the prosecution intends to find the defendant guilty of. The prosecution should then list all charges, marking a note on those the defendant already plead guilty to during the pretrial questionings and pleas, but give no additional comments unless they have to do with a side note on one of the charges being brought up.
**VI-5. Pleas:**
Once all charges are listed, a head of the court must ask the defense to affirm the charges (if any) they already plead guilty to during the pretrial questioning and then ask how they plea on all other charges. Once they make their pleas, they cannot be reversed. If they plead guilty to a crime, then no evidence is needed to show the crime was real. All charges they did not plead guilty to are subject to dispute during the case. If all charges are plead guilty to, the case shall proceed directly to the Concluding Statements.
**VII. Examination of Charges:**

Once the pleas have been made a head of the court shall open the court up to witnesses and evidence to be presented by each party.
**VII-1. Prosecuting Direct Examination:**
The prosecution will be asked by the court to present their direct evidence first. The prosecution may select any order with which to display witnesses or evidence that has been approved by the court before hand. No evidence or witnesses may be brought in that were not previously approved. When the prosecution finishes asking their witness questions or speaking about their evidence the prosecution should state “No further comments your honor(s)” at which point the defense shall have the time to cross examine the witnesses and evidence. Once they are done with all presentations of evidence and cross examinations of the defense on their last piece of evidence the prosecution should state “The prosecution rests”.
**VII-1-1. Defending Cross Examination:**
Every time the prosecution concludes presenting a piece of evidence or a witness, the defense will have the chance, should they wish to, to cross examine the evidence or witness. When cross examining a witness the defense may ask any reasonable and related questions to the witness. When cross examining evidence, the defense may ask any questions about the evidence to the prosecution. When the defense is concluded in cross examining a piece of evidence or a witness they shall state “No further questions your honor(s)”. Then the prosecution may continue to present their evidence and witnesses or they may conclude their presentation.
**VIII-1-2. Motion to Require a Finding of Not Guilty:**
After the prosecution has rested from their examinations of evidence and witnesses, the defense may, should it desire to do so, call for a motion to require a finding of not guilty for some or all of the charges against them. This motion, if brought up by the defense, asks that the court, after hearing all the information the prosecution has to present, decides the information does not constitute a basis for finding the defendant guilty beyond a reasonable doubt. The defense must state which charges it wants this basis on. If a majority of the head(s) of the court say yes to any of the charges it wants the finding of not guilty on, then the defense will be found immediately innocent of those (and be marked innocent of those charges at the end of the case) and they will not have to present counter evidence that they are not guilty of those charges. If the defense asks for a finding of not guilty by the court on all charges and the court sustains that finding then the court proceedings shall advance to the verdict of charges, not requiring the defending examination or the closing arguments.
**VII-2. Defending Direct Examination:**
The defense will be asked by the court to present their direct evidence after the prosecution is done presenting theirs. The defense may select any order with which to display witnesses or evidence that has been approved by the court before hand. No evidence or witnesses may be brought in that were not previously approved. When the defense finishes asking their witness questions or speaking about their evidence the prosecution should state “No further comments your honor(s)” at which point the prosecution shall have the time to cross examine the witnesses and evidence. Once they are done with all presentations of evidence and cross examinations of the prosecution on their last piece of evidence the defense should state “The defense rests”.
**VII-2-2. Prosecuting Cross Examination:**
Every time the defense concludes presenting a piece of evidence or a witness, the prosecution will have the chance, should they wish to, to cross examine the evidence or witness. When cross examining a witness the prosecution may ask any reasonable and related questions to the witness. When cross examining evidence, the prosecution may ask any questions about the evidence to the defense. When the prosecution is concluded in cross examining a piece of evidence or a witness they shall state “No further questions your honor(s)”. Then the defense may continue to present their evidence and witnesses or they may conclude their presentation.
**VII-3. Judge Questioning:**
At any point during the examinations and presentation of witnesses and evidence, a head of the court may ask a reasonable and related question about what is being discussed in the trial at the time. Whomever the head is asking must respond to the question as well as anything else they have been asked at the time.
**VII-3-1. Concluding Judicial Questioning:**
After the examination of evidence and witnesses has concluded and the defense has announced they have no further comments on any pieces of evidence or on any witnesses, the head(s) of the court shall have a chance to ask any last questions which must be answered. Once the head(s) is done with their questions, they shall announce the conclusion of the presentation of evidence and witnesses.
**VIII. Concluding Statements:**

Once finished with the examinations, a head of the court must ask the prosecution to give a concluding statement. The prosecution should then give their concluding statement. After they are done the defense may give theirs. Then the prosecution, if desired, may give a short comment after the concluding statement of the defense which may not be responded to by the defense.
**IX. Verdict of Charges:**

After hearing the concluding statements a head of the court shall close court discussion to solely the head(s). Keeping in mind that the prosecution must prove the accused guilty of charges without a reasonable doubt lingering, the head(s) must make their decision on the guilt of all charges not previously plead guilty to. Then the head(s), considering all facts and information presented in the case, shall decide what the defendant is guilty of and present it to the court along with the list of everything already plead guilty of by the defendant within three days after the defenses concluding statement.
**X. Verdict of Sentence:**

Using all information collected from the case including all charges the court has found them guilty of, all charges the defendant plead guilty of already, and any relevant laws pertaining to court sentencing, the head(s) must decide upon the sentence for the defendant within five days after the verdict of charges have been presented. Once the head(s) decide the punishment they must post so in the court where the case is being heard. At this point it is legally required for the defendant to carry out the sentence, failure to do so is highly punishable by law. Then the defendant must state their understanding of the sentence after seeing it and carry it out. At this point the case is officially closed and can only be brought up again if it is appealed to a higher court to hear. If the person is not guilty of anything, no sentence is prescribed.
**XI. Post Trial Occurrences:**

Once the case is closed, the defendant must carry out the court sentence exactly. Failure to do so is highly punishable by law and permissible as another criminal offense. The prosecuting attorney shall have the trial put on their résumé and shall conclude the case file.
**XI-1. Finalizing the Case File:**
The Department of Justice must insert the unbiased, logically and rationally based information of the case that has yet to be inserted into the previously made case file. Information such as the verdict, punishment, dates heard, and any relevant rulings of the court pertaining to future cases or law.
At any point during the actual trial (not during pretrial or post-trial events), either party may object to something that has happened in the trial. What they are objecting to must have happened after they last said something in the court and before their next comment. Objections should be used to show a violation or misuse of standard court procedure and to clarify the error. The head(s) of the court may overrule an objection if a majority of them want to. When making an objection the first thing to be stated before stating what they are objecting about should be “Objection”. When the court overrules an objection they should state “Objection overruled”. When the court agrees with the objection they should state “Objection sustained”.
**XII-2. Recesses:**
During a trial, a maximum of two recesses may take place. A court recess will have the standard length of one week. The prosecution or defense may request a recess at any point except any time before the pleas have been made, between the concluding statements, or in the middle of a presentation (including cross examination) of evidence or a witness. If a majority of the head(s) agree with the recess it shall take place and the case will resume as it was within a week from the declaration of recess.
**XII-3. Expert Witnesses:**
Should either side wish to present an expert to the case as a witness they may by the standard witness approval process. When they send the name of the expert and their role in the case at hand (in terms of being knowledgeable about something that the case at hand involves) they should present the credentials of the expert as well. If the head(s) of the court approve the expert as an expert witness, the standard procedure shall take place for witnesses but the court must have understanding that this individual is an expert in the field they were admitted as an expert in. Before the party using the expert as a witness in their direct examinations, they must state the qualifications of the expert and why the individual is a witness.
**XII-3-1. Challenge of an Expert:**
After a party presents the qualifications of the witness, the court must ask the opposing party if there are any objections of the legitimacy of a witness. If no objections exist then the witness is automatically accepted as an expert witness. If the opposing party who is challenging the expert witness has an objection on a rational basis the court must decide whether or not the witness is acceptable as an expert. If they are not, they shall be dismissed from the trial unless they have another role to play, not as an expert, in the trial.
**XII-4. Absences:**
If a head of the court, the defendant, the defending attorney, the prosecution attorney, a witness that will be speaking or any other significant figure in the trial at hand is away and unable to perform their duty in the court within a reasonable period of time, they shall be guilty of avoiding court. The court head(s) must, on their own, decide how proceedings will occur without such individual and whether or not a recess is called for in order to reconvene.
**XII-5. Amicus Curiae Briefs and Opinions:**
Should any individual, institution, or group wish to have the court hear an amicus curiae brief relating to the case at hand, they must submit it to each head of the court. If just one head decides it should be considered they may post the brief at the end, before the concluding statements. If the head does not want it to be considered they do not have to do anything and may ignore the brief. It should not impact the head(s) decision unless it is submitted into the court for all parties to see at the point before the concluding statements.
**XVI-6. Immunity:**
If the Department of Justice wishes to guarantee an individual immunity from prosecution by the Department of Justice for any crimes they may have committed (in order to let them testify, let their input on what happened be heard without risk to them, etc.) they must adhere to the following rules:
**XVI-6-1. Agreement of Immunity:**
First the District Attorney must offer whoever they wish to grant immunity to (who should be someone involved in the case, who has intimate knowledge of the events that transpired and would ease the argument and case of the prosecution). If the individual they offer immunity to accepts this grant, they may proceed. At this point the individual has not been approved for immunity and must await for the next step.
**XVI-6-2. Approval of Immunity:**
After the individual that the Triumvirate District Attorney has offered immunity to confirms they would accept this grant of immunity, the District Attorney managing this case or any person in the command chain above them must post publicly that they are intending to grant immunity to an individual. They must clarify their own name, the case, the date, and who they are offering immunity to. If a superior member of the Department of Justice, the Deputy Chief Attorney, Chief Attorney, or Executive Branch overrules the grant of immunity within two days then it shall be overturned (with each person being able to overrule any below them in command). The Chief Attorney or Executive Branch may order an extension of no more than five days (giving a week total to approve or disapprove of the immunity) if they desire during that two day period. If there is no overruling within the period granted, then the immunity for that individual is approved. More than one individual per case may be offered immunity, the attorney managing the case should post all notifications of grants of immunity at the same time.
**XVI-6-3. Rules of Immunity**
Once an individual agrees to immunity (as described in section VXI-6-1), they are under contract to behave according to the rules of immunity. This means that they must tell the truth, the full truth, and nothing but the truth when it comes to what they are asked in relation to the case at hand. If the person with immunity fails to follow the rules of immunity or of procedure then their immunity may be dismissed. For doing this the Triumvirate government is under permanent contract to not bring charges of any kind against the individual with immunity for anything they may reveal in terms of illegal acts they may have performed in relation to the case at hand. The person with immunity may not be given a criminal record on their resume for any of these illegal acts they reveal they have committed. This does not apply to anything they reveal not pertaining to the case at hand, anything constituting as treason, or anything that they have previously revealed before immunity was granted.
**XVII. Failure to Comply:**

The failure by any party, institution, individual, group, or the court to comply with these rules is considered a Class I Misdemeanor.