Post by King John on Apr 2, 2006 14:37:34 GMT -6
HEARING RULES AND PROCEDURES
The Cort will conduct this hearing in the following manner:
First, before the phases of this proceeding are described, the complainant and the defendant are instructed to make themselves familiar with the Rules of Evidence that this Cort shall follow. The Rules of Evidence are pinned at the top of the Courtroom forum.
Steps of the Hearing
1. Complaint amendment. Before the defendant is asked how he pleads, the Cort will ascertain if the complainant wishes to file any amendments to his or her original complaint. Such an amendment may, for example, narrow the scope of the charges or broaden them. The complainant will present an argument as to why the complaint should be amended.
3. Defendant's plea. The Cort will ask the defendant for his or her plea. The defendant may enter one of three pleas: (1) guilty as charged; (2) guilty of a lesser charge or charges; and (3) not guilty as charged.
6. Presentation of the defendant's case. The Cort will invite the defendant to present arguments, evidence and witnesses in conformity with the rules of evidence outlined above to dispute the charges alleged against him or her by the complainant.
7. Cross-examination by the complainant. The Cort will now allow the complainant the opportunity to cross-examine the defendant any witnesses. The defendant may choose not to testify (to avoid self-incrimination), and if he or she so chooses, will not be required to answer the complainant's questions. If, however, the defendant elects to testify, the defendant will be instructed to answer all fair questions asked by the complainant. The cross-examination will be closely refereed by the Justices, and may be ended with cause by the Justices.
8. Questions from the bench. The three Justices of the Cort will now be allowed to pose questions to the parties. The Justices may seek responses from both parties or only from one. The parties are advised to pay close attention to whom questions are addressed. The defendant, if he or she has earlier chosen not to testify, may decline to answer questions.
9. Complainant's summation. The Cort will now invite the complainant to present his final summation. The Cort will not consider new arguments or new evidence at this point.
10. Defendant's summation. After the complainant's summation is presented, the Cort will invite the defendant to present his final summation. The Cort will not consider new arguments or new evidence at this point.
11. Verdict rendered. Both parties having presented their full cases, the Cort will now consider the arguments and evidence before them and then issue a verdict.
13. Full decision proclaimed. After considering the arguments about punishment, the Cort will issue a full decision that includes the verdict and the sentence. The Cort will then—at last!—adjourn the hearing.
The Cort will conduct this hearing in the following manner:
First, before the phases of this proceeding are described, the complainant and the defendant are instructed to make themselves familiar with the Rules of Evidence that this Cort shall follow. The Rules of Evidence are pinned at the top of the Courtroom forum.
Steps of the Hearing
1. Complaint amendment. Before the defendant is asked how he pleads, the Cort will ascertain if the complainant wishes to file any amendments to his or her original complaint. Such an amendment may, for example, narrow the scope of the charges or broaden them. The complainant will present an argument as to why the complaint should be amended.
If an amendment is filed, the Cort will invite the defendant, if he or she wishes to do so, to present arguments about why the Cort should not allow the amendment. The Cort will not invite a rebuttal from the complainant on this matter, but will proceed to issue a decision about whether to allow the complainant's proposed amendment in whole or in part. If the amendment is allowed, the Cort will give the defendant more time to prepare his defense.2. Presentation of complainant's case. The Cort will invite the complainant to present arguments, evidence and witnesses in conformity with the rules of evidence outlined above to prove the charges he or she alleges against the defendant.
3. Defendant's plea. The Cort will ask the defendant for his or her plea. The defendant may enter one of three pleas: (1) guilty as charged; (2) guilty of a lesser charge or charges; and (3) not guilty as charged.
If the defendant pleads (1) guilty as charged, the Cort will proceed directly to step 11. If the defendant pleads (2) guilty to a lesser charge or charges, the Cort will proceed to step 4. If the defendant pleads (3) not guilty as charged, then the Cort will proceed to step 5.4. Plea agreement. If the defendant has pleaded guilty to a lesser charge or charges than the ones contain in the complaint put forward by the complainant, the Cort will ask the complainant if he or she will accept the lesser plea as offered by the defendant or if the complainant would be willing to attempt to negotiate with the defendant a mutually acceptable complaint and plea.
If the complainant accepts the defendant's plea or negotiates a mutually acceptable plea agreement, then the Cort will proceed to step 11. If the complainant does not accept the defendant's plea, then the Cort will proceed to step 5.5. Cross-examination by the defendant. The Cort, having heard the defendant's "not guilty as charged" plea, will allow the defendant, if he or she chooses to do so, to cross-examine the complainant and any witnesses. The complainant will be instructed to answer all fair questions asked by the defendant. The cross-examination will be closely refereed by the Justices, and may be ended with cause by the Justices.
6. Presentation of the defendant's case. The Cort will invite the defendant to present arguments, evidence and witnesses in conformity with the rules of evidence outlined above to dispute the charges alleged against him or her by the complainant.
7. Cross-examination by the complainant. The Cort will now allow the complainant the opportunity to cross-examine the defendant any witnesses. The defendant may choose not to testify (to avoid self-incrimination), and if he or she so chooses, will not be required to answer the complainant's questions. If, however, the defendant elects to testify, the defendant will be instructed to answer all fair questions asked by the complainant. The cross-examination will be closely refereed by the Justices, and may be ended with cause by the Justices.
8. Questions from the bench. The three Justices of the Cort will now be allowed to pose questions to the parties. The Justices may seek responses from both parties or only from one. The parties are advised to pay close attention to whom questions are addressed. The defendant, if he or she has earlier chosen not to testify, may decline to answer questions.
9. Complainant's summation. The Cort will now invite the complainant to present his final summation. The Cort will not consider new arguments or new evidence at this point.
10. Defendant's summation. After the complainant's summation is presented, the Cort will invite the defendant to present his final summation. The Cort will not consider new arguments or new evidence at this point.
11. Verdict rendered. Both parties having presented their full cases, the Cort will now consider the arguments and evidence before them and then issue a verdict.
If the verdict is not guilty, the hearing is adjourned. If the verdict is guilty, then the Cort will, in addition to publishing its verdict, outline the punishment options at its disposal and proceed to step 12.12. In the event of a guilty verdict. If a guilty verdict has been reached, the Cort will first, after having outlined the punishment options available to it, invite the complainant to present arguments about which punishment—if any—seems to best fit the crimes of which the Cort has convicted defendant. After those arguments have been presented, the Cort will invite the defendant to present arguments about the same question.
13. Full decision proclaimed. After considering the arguments about punishment, the Cort will issue a full decision that includes the verdict and the sentence. The Cort will then—at last!—adjourn the hearing.