Gabriel Brown Posted August 15, 2018 Report Share Posted August 15, 2018 Please find below my full proposal for a Los Santos Legal System. If you want to see this in game please like this topic. This proposal is written ICly. (( + )) denotes an OCly statement. Proposal Foreword Los Santos is a big city, with big goals and big personalities. It's a place where anyone can try and make their name; it's a place where many fail. Why? Los Santos is also a hotbed for crime, organised and sporadic, and with a police force that acts with no court system. At any time, on any day you can find someone with a horrifying story of injustice and brutality. We live in a microcosm of lawlessness. The civilians of Los Santos often find they have nowhere to turn. Vilified by police, many turn to crime; abused by gangs, many are forced out of the city. The law must be there to protect us all. The law is universal and inalienable and indivisible, and we must stand up to protect them. Those who abuse it must be brought to justice. There must be a system for accountability. There must be a system for responsibility. I call for the instatement of a legal system to the City of Los Santos. Los Santos Penal Code The Los Santos Penal Code (LSPC) lists all punishable offenses, ranging from Speeding to Capital Murder. Currently, all that is needed for a police officer to arrest, charge and imprison anyone is suspicion. In fact, there is little to no documentation on how much "evidence" is needed by Police Officers to arrest an individual, but most go by eyewitnesses or the actual viewing of the event unfold. I call on the Los Santos Police Department High Command to work with us, if this suggestion is accepted, towards setting up a common law system for officer accountability. Internal investigation over alleged corruption and abuse of power is simply not good enough. To create a system of trust, which is optimal in a functioning society, there must be a public system in place to combat police corruption. Organised crime is one of the greatest foes of public safety. Organised crime rings must be combated. I call for the creation of a Government Prosecutors office, which would hold jurisdiction over the entire City of Los Santos (and surrounding areas) to investigate and help direct police towards the proliferation of gang activity. These activities may include the auditing of money laundering locations, suspected drug manufacturing plants, and the execution of warrants upon them. In addition, a Government Prosecutors office would also handle individual crimes, such as the issuing of warrants and the preparation and delivery of cases to court. Systems I propose the creation of a Government Prosecutor office, a Public Defender office, and a Judges' Office. Government Prosecutors would work closely with police. They would investigate high profile cases, pertaining to organised crime rings, drugs production, drugs distribution and illegal weapons manufacturing and distribution. They would issue warrants to police regarding all matters. They would also serve as a represented agency, when in deliberation of creating new law and legislation. Government Prosecutors may actively participate in intelligence gathering, but may not in any way assist arrests. The Public Defender's Office is open to all individuals. Public Defenders may appeal crimes and convictions on behalf of a client. If a suspect requests an Attorney present during legal questioning, police must comply. The Public Defender's Office serves as a represented agency when in deliberation of creating new and law and legislation. The Judiciary Office hears cases and will rule against, or in favour, of the motion. Private Law Offices may be formed, but must obtain a license from the Office of the Judiciary to enter practise. Private Law Offices may charge fees to their clients. Court Process: Criminal Law --- A Police Officer may arrest in a similar manner as they can currently, however, if the suspect wishes to appeal the ruling they may. Upon an appeal being filed, a court date would be set. If a judge rules in favour of the plaintiff, the charge will be removed from their record and, if they spent time in prison, will be awarded compensation. --- Appeals If the suspect had been incarcerated at any facility, upon the request of the former-inmate a Public Defender (or Private Attorney) may file an appeal with the Office of the Judiciary. A court date would be set. ((We will use an example. The plaintiff (former inmate), John Red, was arrested for Failure to Comply. The defendant is the City of Los Santos)) The case would be referred to as "Red vs. City of Los Santos". The Government Prosecutors Office would present the case for the Los Santos Police Department. This would include evidence, written statements, and testimony from police officers and eyewitnesses. ((For evidence to be truly taken into account where considering evidence, would there be a way to make /record start recording the user's screen, or for police officers to label bags of evidence?)). In criminal law, the burden of proof is on the prosecution. Therefore, the plaintiff, John Red, must prove beyond a reasonable doubt that he did not commit the crime he was arrest for. The judge must rule on whether they believe the plaintiff met this burden of proof. Government Investigations Court Procedure After an investigation has been carried out by the Government Prosecutor's Office, a Government Prosecutor may bring charges against an individual, company or entity. They may also subpoena witnesses (upon a judge's approval) to testify before the court. The defendant may be represented by a Public Defender, or by a Private Law Office attorney. In these cases, the burden of proof is on the Government Prosecutor. The prosecution must prove beyond a reasonable doubt that the defendant(s) committed said crime(s). Court Process: Civil Law A civil court case may be filed on behalf of any individual by, only, a Private Law Office. Cases may be considered under the remit of "civil law" if it concerns a dispute between two (or more) individuals only (and not public entities or bodies). Judges may rule that a party pays compensation to another party, however, they may not be incarcerated as a result of a civil case. If the defendant in a case cannot afford legal counsel, a Public Defender may be assigned to them. In civil cases, a judge may rule with regards to the propagation of evidence. In other words, if more than 50% of the weighted evidence is in favour of one party, they will rule in favour said party. Creation of Laws and Legal Precedent All public entities and agencies may vote for or against and attempt to propose, amend or repeal laws. Each public entity (Los Santos Police Department, Los Santos Medical Department, Government Prosecutors' Office, Public Defender's Officer and Office of the Judiciary) may elect one representative who will vote in their interest. Laws may be passed if a simple majority (excluding abstentions) is met. This committee would meet on a ((OCly weekly)) basis. It would be governed by the Chief Justice, who must exercise complete bipartisanship. All court sessions must be filmed, and records filed on outcomes. When considering verdicts, judges are recommended to review similar cases and their outcomes. Attorneys may cite previous cases, their outcomes and use the video footage as evidence when in Court to aid their case. This is known as legal precedent as is a powerful tool. Agencies and their Powers Office of the Judiciary: Head: Chief Justice Description: Employs judges to rule on criminal and civil cases. Powers: To rule on cases. Government Prosecutor's Office Head: Attorney-General Description: Issues warrants. Collects information on organised crime. Presents cases to court on behalf of the City. Powers: Warrants, intelligence collection. Public Defender's Office Head: Chief Defender Description: Counsels individuals in the City of Los Santos. Powers: Presentation in court, sentence and charge appeals. Private Law Office(s) Description: Works as for-profit entities to bring civil and criminal cases against individuals and entities. May employ staff. Powers: For-profit entity. Presentation in court. ((OOC Summary)) The Eclipse RP community strives to be as immersive as possible, and I believe that adding a legal system to Los Santos would greatly increase immersion. At the moment, admins may act as government-appointed attorneys for legal questioning, but this is as far as the legal system gets. Whilst this is a great start, these admins simply can't (because it just isn't possible) build a personal relationship with you, the same way an attorney could. Would you like to add something? Let's have a conversation about it, comment or pm me! Would you consider being an attorney, special investigator or judge? Would you like to see this implemented? If so, please make sure to like this thread! Link to comment Share on other sites More sharing options...
Denni Posted August 15, 2018 Report Share Posted August 15, 2018 +1 because you've written this out so nicely and thoughtfully. 1 Link to comment Share on other sites More sharing options...
Whitney Posted December 26, 2020 Report Share Posted December 26, 2020 (edited) +1 Edited December 29, 2020 by Asterisk Link to comment Share on other sites More sharing options...
Puzzling Posted July 12, 2022 Report Share Posted July 12, 2022 The Judicial Branch has been implemented! Awesome Suggestion! Locked and Archived. Link to comment Share on other sites More sharing options...
